TERMS OF USE

Last updated: November 8, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE OR ANY ASSOCIATED SERVICES. YOUR ACCESS TO OR USE OF THIS WEBSITE OR SERVICES CONSTITUTES YOUR IRREVOCABLE AGREEMENT TO BE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF THE WEBSITE AND SERVICES.

These Terms of Use (“Terms”) govern your access to and use of the website located at www.senworks.org (the “Site”), including all subdomains, mobile applications, and any associated services, features, content, or applications (collectively, the “Services”), operated by SENECAWORKS LLC, an Alaska limited liability company with its principal place of business at 721 Depot Drive, Anchorage, AK 99501 (the “Company,” “we,” “us,” or “our”). These Terms constitute a legally binding agreement between you (“you,” “your,” or “User”) and the Company. By accessing or using the Site or Services, you represent and warrant that you are at least eighteen (18) years of age, possess the legal capacity to enter into this agreement, and agree to comply with these Terms. If you are accessing or using the Site or Services on behalf of an entity, you represent and warrant that you are duly authorized to bind such entity to these Terms.

These Terms supersede any prior agreements, understandings, or arrangements between you and the Company, whether oral or written, and no other terms or conditions shall apply unless expressly agreed to in writing by an authorized representative of the Company. The Company reserves the right to modify these Terms at any time, with such modifications becoming effective immediately upon posting on the Site. Your continued access to or use of the Site or Services after such posting constitutes your acceptance of the modified Terms. It is your sole responsibility to periodically review these Terms for updates.

1. License Grant and Restrictions

Subject to your strict compliance with these Terms, the Company hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, and non-assignable license to access and use the Site and Services solely for your personal, non-commercial purposes. This license does not permit any resale, commercial exploitation, or derivative use of the Site, Services, or any Content (as defined below).

You agree that the Site, Services, and all content, including but not limited to text, data, graphics, images, videos, audio files, software, code, scripts, HTML, CSS, JavaScript, trademarks, logos, designs, user interfaces, and any other materials made available thereon (collectively, the “Content”), are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The Content includes, without limitation, all proprietary materials provided by the Company or third parties, excluding only User-Provided Materials (as defined in Section 6 below).

You shall not: (a) copy, reproduce, modify, adapt, translate, distribute, transmit, display, perform, publish, sell, rent, lease, license, or create derivative works from any Content; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Site, Services, or Content; (c) remove, alter, or obscure any copyright, trademark, or proprietary notices; (d) use the Site or Services for any illegal, unauthorized, or prohibited purpose, including but not limited to violating any federal, state, or local laws in any of the fifty (50) United States; (e) interfere with or disrupt the Site, Services, or servers/networks connected thereto; (f) introduce viruses, malware, or other harmful code; or (g) engage in any activity that imposes an unreasonable burden on the Site or Services.

Any unauthorized use of the Site, Services, or Content shall immediately terminate the license granted herein and may subject you to civil and criminal penalties, including but not limited to monetary damages, injunctive relief, and attorneys’ fees.

2. Data Collection, Privacy, and Tracking Technologies

By accessing or using the Site or Services, you acknowledge and expressly consent to the Company’s collection, use, storage, sharing, and processing of your personal information and data in accordance with our Privacy Policy, which is incorporated herein by reference and available at https://www.learngrantwriting.org/legal/privacy/. The Privacy Policy details our practices regarding data privacy and security, and your continued use of the Site or Services constitutes your agreement to its terms.

To enhance user experience, provide personalized content, analyze usage patterns, improve Services, and for marketing purposes, the Company employs various tracking technologies, including but not limited to cookies, web beacons, pixels, tags, scripts, JavaScript, session replay software, and similar tools provided by third-party vendors (collectively, “Tracking Technologies”). These Tracking Technologies may capture, in real-time or otherwise, information such as: (a) your IP address, device identifiers, browser type, operating system, and geolocation; (b) your interactions with the Site or Services, including mouse movements, clicks, keystrokes, scrolling, page views, and navigation paths; (c) email open rates, click-through rates, and interactions with marketing communications; (d) purchase history, payment information (processed securely via third-party gateways); and (e) any other data generated from your use of the Site or Services.

Such data may be shared with third-party service providers (e.g., analytics firms, marketing partners) solely for the purposes described in the Privacy Policy, and these providers are contractually bound to maintain confidentiality and comply with applicable data protection laws, including but not limited to the California Consumer Privacy Act (CCPA), the California Invasion of Privacy Act (CIPA), the Virginia Consumer Data Protection Act (VCDPA), and analogous laws in all fifty (50) United States. You hereby waive any claims against the Company arising from or related to the use of Tracking Technologies, including but not limited to claims under federal or state wiretapping, privacy invasion, unfair competition, or consumer protection statutes (e.g., Cal. Penal Code §§ 631, 632, 635; Cal. Bus. & Prof. Code § 17200 et seq.; or equivalent laws in other jurisdictions).

If you do not consent to these practices, you must immediately cease using the Site and Services. You may manage certain Tracking Technologies via your browser settings or by opting out through mechanisms provided in the Privacy Policy; however, disabling them may limit functionality.

3. Intellectual Property Rights

All trademarks, service marks, trade names, logos, and copyrighted materials displayed on the Site or Services are the exclusive property of the Company or its licensors. Nothing in these Terms grants you any right or license to use such intellectual property without the Company’s prior written consent. The Company respects the intellectual property rights of others and expects Users to do the same. If you believe your intellectual property rights have been infringed, please notify us at info@senworks.org with the required information under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

The Company may, in its sole discretion, terminate access for Users who infringe intellectual property rights.

4. User-Provided Materials

If you submit any materials to the Company, including but not limited to comments, suggestions, ideas, text, images, designs, or other content (“User-Provided Materials”), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, distribute, display, and exploit such materials for any purpose, without compensation or acknowledgment. You represent and warrant that you own or control all rights in User-Provided Materials and that they do not violate any third-party rights or applicable laws.

The Company has no obligation to review, monitor, or remove User-Provided Materials but reserves the right to do so if they violate these Terms or are otherwise objectionable.

5. Disclaimer of Warranties

THE SITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS. THE COMPANY DISCLAIMS ANY LIABILITY FOR ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING FROM OR RELATED TO THESE TERMS, THE SITE, SERVICES, CONTENT, OR TRACKING TECHNOLOGIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY (E.G., CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY) AND SHALL SURVIVE ANY TERMINATION OF THESE TERMS.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your access to or use of the Site or Services; (b) your violation of these Terms; (c) your infringement of any third-party rights; or (d) any User-Provided Materials.

8. Dispute Resolution; Mandatory Informal Consultation and Mediation; Binding Arbitration

8.1 Governing Law and Venue

These Terms and any disputes arising hereunder shall be governed exclusively by the laws of the State of Alaska, without regard to its conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Anchorage, Alaska, for any action not subject to arbitration as provided below.

8.2 No Class Actions

YOU AND THE COMPANY AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OF ANY KIND. ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

8.3 Mandatory Informal Consultation and Mediation

Before initiating any formal legal action, including but not limited to arbitration, litigation, or any other proceeding, you must first engage in a good-faith informal consultation and mediation process with the Company. You shall provide written notice of the dispute to the Company at legal@senworks.org, including a detailed description of the claim, supporting evidence, and requested relief. Within thirty (30) days of receipt, the Company shall respond, and the parties shall confer telephonically or via videoconference to attempt resolution. If unresolved, the parties shall participate in a non-binding mediation session administered by a neutral mediator selected by mutual agreement or, if none, appointed by JAMS (Judicial Arbitration and Mediation Services, Inc.) under its mediation rules. Mediation shall occur in Anchorage, Alaska, or virtually if agreed, and each party shall bear its own costs. This process must be completed before any arbitration or lawsuit may be filed, and failure to comply shall bar any claim.

8.4 Binding Arbitration

If the dispute remains unresolved after mediation, it shall be resolved exclusively by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, if applicable, Streamlined Rules for claims under $250,000), as modified by these Terms. Arbitration shall be conducted by a single neutral arbitrator in Anchorage, Alaska. The arbitrator’s decision shall be final and binding, enforceable in any court of competent jurisdiction. The parties waive any right to trial by jury. Arbitration costs shall be allocated as provided by JAMS rules, except that the Company shall pay the administrative fees if you prevail on the merits.

This Section 8 survives termination of these Terms and applies to all disputes, including but not limited to those under privacy laws (e.g., CIPA, CCPA, or equivalents in any U.S. state), unfair competition, wiretapping, tracking technologies, or intellectual property.

9. Miscellaneous

These Terms constitute the entire agreement between you and the Company. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force. The Company’s failure to enforce any right shall not constitute a waiver. You may not assign these Terms without the Company’s consent; the Company may assign freely.

For questions, contact info@senworks.org.

By using the Site or Services, you affirm your understanding and acceptance of these Terms.