Santa Monica Community College District has created the SMCGO application to provide
users additional information about Santa Monica College and mobile application resources
to access college services. The SMCGO Privacy policy explains how information is
collected, stored and shared with other parties. Santa Monica Community College District
is not responsible for the content or privacy practices of other websites, including
those you may link to through this Licensed Application.
Santa Monica Community College District is committed to protecting your privacy and
complying with all applicable federal and state laws and regulations relating to online
privacy and the collection and protection of information that can be used to identify
specific individuals ("Personal information"). We only collect Personal Information
that you freely provide. Such Personal Information is used only for the purpose for
which it was provided, is only made available to third parties to fulfill the purpose
for which it was provided. This information is retained in compliance with all applicable
laws.
This Licensed Applications may use cookies and other statistical tracking technologies
that are comprised of small bits of data that often include an anonymous unique identifier.
Websites send this data to your browser when you first request a web page and then
store the data on your computer so the website can access information when you make
subsequent requests for pages from that site. We may use these technologies to collect
and store information about your use of Santa Monica Community College District Services,
such as pages you have visited and search queries you have run.
SMCCD does not rent, sell, or share Personal Information with other people or nonaffiliated
companies without your express consent, excepting for the following:
1With third party vendors, consultants and other service providers who work for us,
need access to your Personal Information to do that work, and who are bound to preserve
the confidentiality of such Personal Information;
To comply with laws or to respond to lawful requests and legal process;
To protect our rights and property, including enforcing our agreements.
SMCCD uses reasonable efforts to protect your Personal Information against unauthorized
access and unauthorized alteration, disclosure or destruction. However, we cannot
guarantee that your Personal Information will be absolutely protected. For example,
your Personal Information may be affected by actions we cannot control, such as computer
hacking and physical theft. You provide Personal Information at your own risk.
We may change this Policy at any time. We will post all changes to this Policy on
this page and indicate at the top of the page the modified Policy's effective date.
This Policy and all disputes, claims, actions, suits or other proceedings arising
hereunder ("Disputes") will be governed by the substantive law of the State of California
without regard to its conflicts of laws principles that might require a different
result. You consent to (a) the exclusive jurisdiction of the State and Federal courts
situated in Los Angeles, California for any Disputes, and (b) the exercise of personal
jurisdiction by such courts and waive any right to plead, claim or allege that California
is an inconvenient forum. SMCCD's failure or delay to exercise any right or enforce
any obligation will not be construed as a waiver of that or any or other right or
power. If any provision of this Policy is held to be illegal, invalid or unenforceable,
the remaining provisions will be unimpaired and shall remain in full force and effect.
You may not assign your license rights under this Policy without SMCCD's prior written
permission. Any provision herein that by its nature must survive termination of this
Policy in order to give effect to its meaning will survive such termination.
If you have any questions or suggestions regarding this Policy, please contact us
at Security@smc.edu, or Santa Monica Community College District, Attn: District Information
Services, 1900 Pico Blvd, Santa Monica, CA 90292.
2. Terms of Use/Service
Welcome to the SMCCD Mobile Applications website(s), (the "Site"). By accessing
the Site or using SMCCD Mobile Applications, ("Licensed Applications"), you are agreeing
to these Terms of Use (the "Terms"), which together with our Privacy Policy and (with
respect to the Licensed Applications) the End User License Agreement govern SMCCD's
mobile application relationship with you. If you disagree with any part of these
Terms, the Privacy Policy or the End User License Agreement (collectively, the "User
Agreements"), please do not use the Site or Licensed Applications, as applicable.
"SMCCD", "we", "us" and "our" refer to Santa Monica Community College District;
"you", "your" and "visitor" refer to visitors to the users of the Licensed Applications.
The User Agreements shall remain in full force and effect while you use the Licensed
Applications. You may terminate your use of or registration (if applicable) for the
Licensed Applications at any time, for any or no reason. SMCCD may terminate your
use of or registration to the Site or Licensed Applications at any time, for any or
no reason, with or without prior notice or explanation, and without liability or obligation
to you or any third party.
We may change these Terms at any time. We will post all such changes on this page
and indicate at the top of the page the modified Terms' effective date.
In order to access certain content, features, or functionality of the Licensed Applications,
you may have to register with us, which registration may include providing information
such as your email address, legal name, date of birth, country of residence, zip code,
etc. You warrant that all such information is truthful and accurate and that you
will maintain the accuracy of such information. If you become a registered user,
you will be responsible for (a) maintaining the confidentiality of your user information,
and (b) any access to or use of Licensed Applications by you or any person or entity
using your user name and password ("Credentials"), whether or not such access or use
has been authorized by you or on your behalf. You will immediately notify SMCCD if
you suspect any unauthorized use of your Credentials or account. You are solely
responsible for (i) controlling the dissemination and use of your Credentials and
account, (ii) updating, maintaining and controlling access to your Credentials and
account, and (iii) cancelling your account. We may deny privileges to any user if
we believe there is a question about the identity of the person trying to access their
account.
In using the Licensed Applications, including in establishing an account, you may
be asked to provide certain information that can be used to identify you ("Personal
information"). We are committed to protecting Personal Information. Our Personal
Information policies are set forth in our Privacy Policy above.
Depending upon your use of the Licensed Applications, SMCCD or Third Party Vendors
may process payments or registration activities by use of the Licensed Applications
(i.e. "in-App" purchases or registration made within such Licensed Applications).
All such payments or registration may be controlled, handled, processed and/or fulfilled
by these Third Party Vendors, and not SMCCD. Third Party Vendors use and protection
of the information you provide is governed by the terms and conditions of agreements
existing with SMCCD. SMCCD expressly disclaims any liability for any loss or damage
relating to payments or registration made to Third Party Vendors. SMCCD will not
be liable for a Third Party Vendor's data breach of, or affecting your information.
As a condition precedent to your use of the Licensed Applications, you agree to this
condition without reservation.
Except where expressly noted, all materials and information contained as part of,
or on the Licensed Applications, including without limitation images, pictures, logos,
illustrations, designs, photographs, video clips, text, descriptions, icons, graphics,
and the overall appearance and look and feel of the Licensed Applications are copyrights,
trademarks, trade dress or other intellectual property owned, controlled, or licensed
by SMCCD, and as such are protected by U.S. and international laws and conventions.
Unauthorized use of any Licensed Application materials or information is strictly
prohibited.
THE LICENSED APPLICATIONS ARE MADE AVAILABLE SOLELY ON AN "AS-IS" AND "AS-AVAILABLE"
BASIS. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, FOR ACCURACY,
COMPLETENESS, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMCCD, its Colleges, Board
of Trustees, Officers, Employees, or agents BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY
KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, ARISING
OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATIONS, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN
IF SMCCD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold SMCCD, its Colleges, Board of Trustees, officers,
directors, employees and agents harmless from and against any claims, demands, actions,
losses, damages, costs and expenses (including reasonable attorneys' fees), arising
out of or relating to your (a) breach or violation of these Terms, (b) infringement,
misappropriation or any violation of the rights of any other party, or (c) violation
or non-compliance with any applicable law, rule or regulation. You agree that SMCCD
may assume the exclusive defense and control of any claims or actions subject to indemnification
by you and all negotiations for its settlement or compromise, and you agree to fully
cooperate with us upon our request.
These Terms and all disputes, claims, actions, suits or other proceedings arising
hereunder ("Disputes") will be governed by the substantive law of the State of California
without regard to its conflicts of laws principles that might require a different
result. You consent to (i) the sole and exclusive jurisdiction of the State and Federal
courts situated in Los Angeles, California for any Disputes and (ii) the exercise
of personal jurisdiction by such courts and agree to waive any right to plead, claim
or allege that California is an inconvenient forum. SMCCD's failure or delay to exercise
any right or enforce any obligation will not be construed as a waiver of that or any
or other right or power. If any provision of these Terms is held to be illegal, invalid
or unenforceable, the remaining provisions will be unimpaired and shall remain in
full force and effect. You may not assign your rights under these Terms without SMCCD's
prior written permission. Any provision herein which by its nature must survive termination
of these Terms in order to give effect to its meaning will survive such termination.
3. End User License Agreement (Applications)
This End User License Agreement (the "EULA") is legally binding between you ("you"
and its derivatives) and Santa Monica Community College District ("SMCCD" or "we"
and its derivatives) and governs your use of SMCCD and its Colleges' mobile applications
(each, a "Licensed Application"). By downloading, installing, and/or using a Licensed
Application you are agreeing to be bound by and comply with this EULA. SMCCD may
change or modify this EULA at any time, and at its sole discretion, by posting revisions
on this page and will indicate at the top of the page the modified EULA's effective
date. Continued use of the Licensed Application following the posting of such changes
or modifications will constitute acceptance of such changes or modifications.
SMCCD may enable access to content, information and services through the Licensed
Application (collectively and individually, the "Services"), and as a condition of
your use of the Services, you agree to be bound by and comply with SMCCD's Terms of
Service and Privacy Policy, each of which is incorporated herein by reference.
Subject to your compliance with this EULA, SMCCD hereby grants you a limited, non-transferable,
non-sublicensable, non-assignable and revocable license to install and/or use SMCCD's
Licensed Applications solely for your personal, non-commercial use on devices you
own or control. Each Licensed Application is licensed, not sold, to you by SMCCD
subject to the terms and conditions of this EULA and any other applicable terms and
conditions promulgated by third-party access providers (e.g., networks, internet service
providers, cellular service providers). SMCCD reserves all rights not expressly granted
to you herein. This EULA is between you and SMCCD; no Third-Party is a party to this
EULA.
You may only use Licensed Applications on devices you own or control. You may not
distribute or make Licensed Applications available over a network where multiple devices
could use them simultaneously. You may not rent, lease, lend, sell, redistribute
or sublicense a Licensed Application or copy, decompile, reverse engineer, disassemble,
attempt to derive the source code of, modify, or create derivative works of all or
any portion of a Licensed Application. This EULA also applies to upgrades or updates
provided by SMCCD that replaces and/or supplements the original Licensed Application.
SMCCD may collect and use technical data and related information, including but not
limited to technical information about your device, system and application software,
and peripherals, that is gathered periodically to facilitate the provision of software
updates, product support and other services (if any) related to the Licensed Application.
SMCCD may also use this information, as long as it is in a form that does not personally
identify you, to improve our products, services, or technologies to you. See the
Privacy Policy for additional information regarding our collection and use of information,
including personal information.
Amounts paid to access Licensed Applications (if applicable) are controlled, handled
and processed by Third Parties not affiliated with SMCCD. SMCCD disclaims any responsibility
for any charges, fees, or billings you may incur from a Third Party. SMCCD disclaims
any responsibility or liability for any data security breach or disclosure arising
from, or connected to data disclosed to, or collected by Third Parties in connection
with accessing SMCCD's Licensed Application. You, and not SMCCD, shall responsible
for any charges, fees, or billings incurred in accessing SMCCD's Licensed Applications.
Licensed Applications may display, include or make available content, data, information,
applications or materials from third parties ("Third Party Materials") or provide
links to certain Third Party web sites. SMCCD is not responsible for examining or
evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect of such Third Party Materials or web
sites. SMCCD will not have any liability or responsibility to you or any other person
for any third-party services, Third Party Materials, or web sites.
SMCCD and its Colleges, own all rights, title and interest in and to the Licensed
Applications, including, without limitation, all intellectual and proprietary rights
therein, and, except for the limited license granted to you herein, nothing in this
EULA will be construed to restrict, transfer, convey, encumber, alter, impair or otherwise
adversely affect SMCCD's proprietary rights.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATIONS AND ANY RELATED
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND WITHOUT WARRANTY OF ANY KIND.
SMCCD HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE LICENSED APPLICATION AND
ANY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SMCCD DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN, ACCESSED
FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, LICENSED APPLICATIONS
WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATIONS OR SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATIONS
OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMCCD
OR ITS COLLEGES OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES WILL CREATE
A WARRANTY. SHOULD THE LICENSED APPLICATIONS OR SERVICES PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMCCD BE LIABLE FOR ANY LOSS
OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT
OF OR RELATED TO YOUR USE OR INABILITY TO USE A LICENSED APPLICATION, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SCROLLMOTION
OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold SMCCD, its Colleges, Board of Trustees, officers,
directors, employees and agents harmless against any claims, demands, actions, losses,
damages, costs and expenses (including reasonable attorneys' fees), arising out of
or relating to your (a) breach or violation of this EULA, (b) infringement, misappropriation
or any violation of the rights of any other party, (c) violation or non-compliance
with any applicable law, rule or regulation, and (d) use, alteration or export of
the Licensed Application (or any component thereof) in violation of this EULA. SMCCD
may assume the exclusive defense and control of any claims or actions subject to indemnification
by you and all negotiations for its settlement or compromise, and you agree to fully
cooperate with us upon our request.
You may not use, export or re-export a Licensed Application except as authorized by
United States law and the laws of the jurisdiction in which a Licensed Application
was obtained. In particular, but without limitation, a Licensed Application may not
be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Person's List or Entity List. By using the Licensed
Applications, you represent and warrant that you are not located in any such country
or on any such list.
Certain Licensed Application functions and Services require data access, and the provider
of data access for your device may charge you data access fees in connection with
your use of such Licensed Application. You are solely responsible for any data access
or other charges you incur.
SMCCD and its Colleges may modify, update, supplement, limit, discontinue, remove
or disable access to Licensed Applications and/or any Services without notice or liability
to you. From time to time, SMCCD may make available updates or upgrades to a Licensed
Application via software download or other means. Such download may occur automatically
without the need for any act on your part, or it may require you to manually download
an update or upgrade through the same source from which such Licensed Application
was originally downloaded. Certain functions of the Licensed Application may be modified
or discontinued as a result of any such update or upgrade, or may not be available
if you have not downloaded all updates and upgrades made available by SMCCD or otherwise
(including by Third Party Vendors).
SMCCD has no control over, or responsibility for, actions of Third Party Vendors.
In certain cases (i.e., operating system updates) such actions may impair or prevent
the proper functioning of a Licensed Application. SMCCD expressly disclaims any responsibility
for the continued functionality of Licensed Applications where such functionality
is disrupted by the actions of Third Party Vendors.
This EULA will remain in full force and effect for the duration of your use of any
Licensed Application. You may terminate your use of Licensed Applications at any
time, for any or no reason, and Company may terminate your use of Licensed Applications
at any time, for any or no reason, with or without prior notice or explanation, and
without liability or obligation to you or any third party.
Your rights under the license granted herein will terminate automatically without
notice from SMCCD if you fail to comply with any terms or conditions of this EULA.
Upon termination of this EULA, you will cease all use of the Licensed Application,
and destroy all copies, full or partial, thereof.
This EULA and all disputes, claims, actions, suits or other proceedings arising hereunder
("Disputes") will be governed by the substantive law of the State of California without
regard to its conflicts of laws principles that might require a different result.
You irrevocably consent to (i) the sole and exclusive jurisdiction of the State and
Federal courts situated in Los Angeles, California for any Disputes and (ii) the exercise
of personal jurisdiction by such courts and waive any right to plead, claim or allege
that California is an inconvenient forum. SMCCD's failure or delay to exercise any
right or enforce any obligation will not be construed as a waiver of that or any or
other right or power. If any provision of this EULA is held to be illegal, invalid
or unenforceable, the remaining provisions will be unimpaired and remain in full force
and effect. You may not assign your rights under this EULA without SMCCD's prior
written permission. Any provision herein which by its nature must survive termination
of this EULA in order to give effect to its meaning will survive such termination.
If you have any questions or suggestions regarding this Policy, please contact us
at Security@smc.edu, or Santa Monica Community College District, Attn: District Information
Services, 1900 Pico Blvd, Santa Monica, CA 90292.