TERMS AND CONDITIONS
Last Updated: April 25, 2022
Thank you for visiting www.sebpo.com (the “Site”) and learning more about SEBPO’s services. The Site is a copyrighted work belonging to ServicEngine Ltd.
By accessing or using the site, you are you are agreeing that these terms govern your access to and use of the site, and you represent that (a) you have read these terms and understand them; (b) you are of the legal age required to form a binding contract with [client legal name]; and (c) you have the authority and capacity to accept these terms personally or on behalf of any entity that you represent.
SEBPO does not offer or provide services to anyone under the age of legal capacity. if you are not of legal age or if you disagree with any of these terms, you may not access or use the site.
Certain features of the Site may be subject to additional guidelines, terms, policies or rules, which will be posted on the Site in connection with such features.
All such additional guidelines, terms, policies and rules are incorporated by reference into these Terms.
These terms require the use of arbitration on an individual basis or on behalf of any entity that you represent to resolve disputes. The arbitration terms are located in the section on Dispute Resolution. The arbitration and related terms limit the remedies available to you in the event of a dispute, so please read them carefully.
Site Access and Use
Your Rights to Use the Site and Site Content
The Site, including all text, documents, content (including links to other content and the content accessible through such links), designs, illustrations, artwork, images, graphics, audio recordings, music, videos, software, other works, trademarks, service marks, trade names, and trade dress on the Site (the “Site Content”), are protected under copyright, trademark, and other intellectual property and proprietary rights laws. Where the context permits, references in these terms to “Site” include the Site Content. Where Site Content is licensed by SEBPO or used by permission from a third party, references to SEBPO in any clauses in these Terms that relate to the ownership of Site Content or the rights, licenses and restrictions on your use of the Site and Site Content include all such third parties. As between SEBPO and you, SEBPO owns and will at all times retain all rights, title and interest in the Site Content.
You agree that your access to the Site and use of the Site Materials will be strictly in accordance with these Terms. Except where expressly provided otherwise in these Terms or elsewhere on the Site, (a) SEBPO grants you a non-transferable, non-exclusive, revocable, limited license to access the Site and to copy, use, and display the Site Content solely for your own personal, non-commercial use; and (b) SEBPO reserves all other rights, and no rights or express or implied licenses are granted to you or anyone you represent under SEBPO’s intellectual property rights, whether by implication, estoppel or otherwise.
Notwithstanding anything in these Terms to the contrary, SEBPO may remove the Site, terminate your access the Site, or revoke any rights or licenses to the Site granted hereunder at any time, with or without notice to you.
If you become a customer of SEBPO, you may enter into a services agreement with SEBPO. If there is any conflict between these Terms and a services agreement to which you are a party, the terms of the services agreement will prevail.
Restrictions on Access and Use
The following terms and the terms in the User Content section constitute our “Acceptable Use Policy”.
In addition to the terms in the Your Rights to Use the Site and Site Content section, the rights granted to you in these Terms are subject to the following restrictions, which apply to the Site (including the Site Content), in whole or in part. You agree not to: (a) sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) access the Site in order to build a similar or competitive website; (d) except as expressly stated in these Terms for your personal, non-commercial use, copy, reproduce, translate, distribute, republish, broadcast, download, display, post or transmit any part of the Site in any form or by any means; (e) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (f) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (h) use any manual or automated means to scrape, download or otherwise obtain any Site Content from any webpages within the Site; (i) access or use the Site or any Site Content that is accessible in or through the Site for unlawful, fraudulent, deceptive or misleading purposes; (j) either yourself or by assisting others, disrupt, alter the operation of, or interfere with the Site or its accessibility to others, including by means of any uploading, embedding, transmitting or distributing any viruses, harmful or malicious code, methods for overloading or denying access to the Site or the network (including internet) infrastructure on which the Site operates or relies, or any other method; (k) use the Site to or send through the Site any private or commercial communications, including unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, except solely through functionality (if any) provided by the Site expressly for such purpose; and (l) upload or otherwise introduce into the Site any content or materials that (1) you do not own or have rights to, or that misappropriates, makes unauthorized use of, or misuses any third party’s intellectual property or other proprietary rights; (2) is illegal, offensive, defamatory, libelous, deceptive, threatening, abusive, harassing, pornographic, obscene, or profane, or that promotes hatred, unlawful discrimination, or physical harm of or against any group or individual; or (3) is invasive of or infringes any other person’s privacy or personal rights.
All copyright and other proprietary notices on the Site must be retained on all copies thereof. You agree not to alter or remove any copyright or other proprietary rights notices or terms from any portion of the Site. Any future release, update, or other addition to functionality of the Site will be subject to these Terms.
The Site or any products or services made available through it may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from SEBPO, or any products or services utilizing such data, in violation of the United States export laws or regulations.
Site Changes, Suspension or Termination
SEBPO reserves the right to change, suspend, or cease providing the Site with or without notice to you. You agree that SEBPO will not be liable to you or any third-party for any change, interruption, removal or termination of the Site or any part thereof.
You agree that SEBPO will have no obligation to provide you with any support in connection with the Site.
No Support or Maintenance
Our Ownership of the Site
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Site Content are owned by SEBPO or SEBPO’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access and usage rights described in the section, Your Rights to Use the Site and Site Content. SEBPO and its suppliers reserve all rights not granted in these Terms.
Cookies and Web Beacons
Like any other website, the Site uses ‘web beacons’ (sometimes referred to as ‘tags’) and ‘cookies’. Web beacons are small pieces of software that tell the Site to read or set a cookie on the browser or device you are using to access the Site. Cookies are small text files stored in your browser or device, which are used to store information about your visit, including visitors’ preferences and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Google Analytics Cookie
“User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by SEBPO. Because you alone are responsible for your User Content, you may expose yourself to liability. SEBPO is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to SEBPO an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, translate, perform, and prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, for any lawful purpose. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that violates the Acceptable Use Policy, or (iii) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access to the Site, and/or reporting you to law enforcement authorities.
While we appreciate any ideas or suggestions you may have for improving the Site or our services (“feedback”), we must be able to act upon them without restriction or claims of ownership of such feedback. You agree not to submit any feedback to us that you consider confidential or proprietary. If you provide SEBPO with any feedback, you hereby assign to SEBPO all rights, title and interest in such feedback and agree that SEBPO will have the right to use and fully exploit such feedback and related information without restriction and in any manner it believes appropriate. You understand and agree that SEBPO will treat any feedback you provide to SEBPO as non-confidential and non-proprietary.
Our Rights for User Content Violations
You agree to indemnify SEBPO and our suppliers, and our respective officers, directors, employees, agents, successors, and assigns, and to hold the foregoing harmless from, including reasonable costs and attorneys’ fees, any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. SEBPO reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SEBPO. SEBPO will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. The Third-Party Links & Ads themselves, and any content, software, or other materials accessible through them, are not under the control of SEBPO, and SEBPO is not responsible for any Third-Party Links & Ads. SEBPO provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data collection and use practices.
Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that SEBPO will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the SEBPO and our suppliers, and our respective officers, directors, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The site is provided on an “AS-IS” and “AS AVAILABLE” basis, and SEBPO and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. If applicable law prohibits or limits the preceding disclaimer in any way, then SEBPO grants you only the minimum express or implied warranty that such applicable law requires, which will extend for the minimum duration such law requires. We and our suppliers do not guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Limitation on Liability
Some states and countries prohibit or limit the disclaimer of some warranties and/or the waiver, exclusion or limitation of certain damages, so some of such clauses in these Terms may not apply to you. In any such case, (i) SEBPO grants you only the minimum express or implied warranty that such applicable law requires, which will extend for the minimum duration such law requires, and (ii) to the maximum extent permitted by law, our liability to you for any damages arising from or related to the Site or these Terms, will at all times be limited to an aggregate, maximum amount of one-hundred U.S. dollars ($100). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability to you of any kind arising from or relating to these Terms.
You understand and agree that: (i) the disclaimers, limitations of liability, and exclusive remedies set forth in these Terms are an essential element of the bargain between you and SEBPO regarding your access to and use of the Site; (ii) SEBPO would not provide the Site without such terms; (iii) such terms represent a fair allocation of the risks between the parties even if they fail in their essential purpose; and (iv) such terms will survive any termination of the agreements among the parties set out in these Terms.
Term and Termination
Subject to this section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your account (if applicable) and right to access and use the Site will terminate immediately. If applicable, you understand that any termination of your account may involve deletion of your User Content associated with your account (if any) from our live databases. Except as expressly provided otherwise in these Terms, SEBPO will not have any liability whatsoever to you for any termination of your rights under these Terms. Any provision herein that must survive a termination of your rights under these Terms to achieve its purpose will survive such termination, including the disclaimers and limitations of warranties and liability and the Dispute Resolution section.
These dispute resolution terms include an Arbitration Agreement, which is set out in this section, is part of your agreement with SEBPO, and affects your rights. Please read them carefully. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
All claims and disputes in connection with the Terms or the use of any product or service provided by the SEBPO that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and the SEBPO, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the SEBPO should be sent to SEBPO at the address provided in the Contact Us section. After the Notice is received, you and the SEBPO may attempt to resolve the claim or dispute informally. If you and the SEBPO do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration will be initiated through the American Arbitration Association, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at +1 (800) 778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Without waiving any limitation of liability in these Terms, if the arbitrator grants you an award that is greater than the last settlement offer that the SEBPO made to you prior to the initiation of arbitration, if any, then the SEBPO will pay you the greater of the award or $2,500.00. Each party will bear its own costs and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or the SEBPO pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the SEBPO, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the SEBPO.
Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the SEBPO in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
All aspects of the arbitration proceeding will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Agreement will continue in full force and effect.
Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with SEBPO.
Small Claims Court
Notwithstanding the terms of the Arbitration Agreement to the contrary, either you or the SEBPO may bring an individual action in any small claims court that has the applicable jurisdiction to resolve such action.
Emergency Equitable Relief
Notwithstanding the terms of the Arbitration Agreement to the contrary, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding terms of the Arbitration Agreement to the contrary, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within [CLIENT’S COUNTY AND STATE], for such purposes.
SEBPO is located at the address in the Contact Us section below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our posting of the changes to these Terms to the Site. In any case, continued use of our Site following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The communications between you and SEBPO use electronic means, whether you use the Site or send us emails, or whether SEBPO posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SEBPO in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SEBPO provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” and its cognates mean “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to SEBPO is that of an independent third party, and neither party is an agent, independent contractor or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SEBPO’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void at the outset. SEBPO may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.
The Site is Copyright © 2007 – 2022. All rights reserved. All trademarks, logos and service marks displayed on the Site are the property of SEBPO or other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the marks.
Address: 78 E Main St, Marlton, NJ 08053