The Seagate Training Portal (the “Program”) consists of a product training program designed for the following Seagate sales and distribution network participants: Seagate retail and servicer sales forces, resellers, system integrators and installers, distributors and sub-distributors, and consumer sales-focused Seagate Insider and LaCie Insider for Partner program members.
These Terms and Conditions (“Terms”) are applicable to the Program, including but not limited to the Program website (“Website”) made available at https://training.seagate.com, Program Activities including but not limited to: Training (defined below) sessions, Program online store (“Online Store”) and Seagate Training Portal Live Events (“Live Events”) which may be available only in some countries, as well as other special offers or promotions. These Terms also apply to any resources and/or tools provided through Program, including but not limited to download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information. Program Activities or resources may contain specific terms, and if so, to the extent that these Terms do not conflict with the activity or resource specific terms, the Terms herein remain in full force and effect.
By participating in the Program, each Member (as defined below) affirms that they have read and accept these Terms & Conditions and that Member meets all Program Eligibility criteria set forth herein.
To be eligible for participation in the Program, Members must meet the eligibility requirements stated herein.
The Program is open to the following Seagate sales and distribution network participants: Seagate retail and servicer sales forces, resellers, Seagate system integrators and installers, distributors and sub-distributors, and consumer sales-focused Seagate Insider and LaCie Insider for Partner program members residing and employed in the countries identified in Exhibit A who have an active account with the Program, (hereafter referred to as "Members"). Accounts are limited to one per person, are non-transferable and are deactivated after 180 days of inactivity. Participating Members must ensure they obtain the consent of their employer before entering. Each membership profile includes account activity for the previous year (365 days). Activity older than 365 days cannot be accessed.
Members must be 18 years of age or the age of majority in their place of residence, whichever is greater, to participate in special offers and promotions associated with the Program. Members under 18 years of age are unable to log in and benefit from the information and live training opportunities available on the site. To ensure compliance with this rule, the birthday of members may be collected.
Final determination of eligibility is at Sponsor’s sole discretion. Employees, officers and directors (including immediate family members and members of the same household) of Seagate Technology LLC ("Sponsor" or “Seagate”), its respective affiliated companies, subsidiaries, printers, advertising and promotion agencies, original equipment manufacturers (“OEMs”) and any others associated with the administration of the Program, are not eligible to participate. Members must meet all eligibility requirements to participate in the rewards portion of the Program, unless excepted above. Members must maintain an active Account (as defined below) in good standing. Members must meet all eligibility requirements and comply with all the Terms herein and any other terms provided by Sponsor and its affiliates related to the Program.
Members are:
eligible to win only one activity, program, or promotion within each calendar month
not eligible to win another activity/program/promotion in the next calendar month if the member has already won in an activity/program/promotion in the preceding calendar month.
In the event that a member has already won an activity, program, or promotion (in a calendar month or in the preceding calendar month) and is no longer eligible to win again, if that non-eligible member wins again then the prize will be awarded to the next highest scoring eligible member.
In order to participate in the Program, you must register and establish a valid Program account (“Account”). Members are strictly limited to one (1) active Account per person. To register you must: (1) meet the eligibility criteria set forth in these Terms, (2) complete the Account registration form by providing true, accurate, current and complete information (collectively, the "Registration Data") and (3) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete.
Note: Each Member agrees to use his or her accurate full name (including any changes thereto) on his or her Member account (as verified by Sponsor).
PASSWORD AND USER NAME: : Members will need to enter a password and username and receive Account designations upon completing the registration processes. Members are solely responsible for maintaining the confidentiality of the password and username. Furthermore, Member is entirely responsible for any and all activities under his/her Account. Member agrees to notify Sponsor immediately of any unauthorized use or any other breach of security on his/her Account. Sponsor will not be liable for any loss incurred as a result of any unauthorized use. However, Member could be held liable for losses incurred by Sponsor or another party due to an unauthorized use of Member’s Account or password.
The Seagate Training Portal is not a certification program and completion of elements contained on this site does not authorize you to make representations on behalf of Sponsor or its products.
Any attempt to circumvent these requirements by intentionally falsifying information or by creating multiple accounts may result in disqualification.
If a Member has failed to complete and pass a learning activity or training course and the associated quiz in the Program (“Training”) in the previous 180 days, he or she is considered inactive and removed from the system. At the time of deactivation, any Bytes (further described below) accrued and status level (detailed below) will be cleared, so that the inactive Member will have to start a new account if he or she rejoins the Program at a later date. Member requests to be set to inactive standing result in removal from the system. Note that after 365 days deactivated accounts are purged and cannot be reactivated.
At the time of deactivation, any Bytes accrued and status level will be cleared, so that a Member will have to start a new Account if he or she rejoins the Program. To re-activate an Account that hasn’t been purged Member should contact us here; however, the decision to reactivate a deactivated Account is at Sponsor’s sole discretion.
USER REQUESTED TERMINATION: : If you would like to close your Account and/or remove content which you have submitted, you should contact us here. Termination will result in Member no longer being able to access his/her Account or participate in any Program events or offerings.
ACCOUNT PROHIBITIONS AND TERMINATION:: Sponsor may terminate a Member’s Account at its absolute discretion and for any reason. If Sponsor has reasonable grounds to suspect that you do not meet the eligibility criteria or that any of your information is untrue, inaccurate, not current or incomplete, Sponsor may suspend or terminate your Account and prohibit your current or future use of the Website (or any portion thereof). The activities that may result in a Member’s termination from the Program include but are not limited to: (1) violation of these Terms; (2) abuse of Site resources or attempt to gain unauthorized entry to the Site or Site resources, including but not limited to a single Member activating, maintaining or attempting to establish more than one Account or a Member transferring or attempting to transfer an Account; (3) use of this or any Sponsor websites or service in a manner inconsistent with its purpose; (4) a user's request for such termination; (5) Account inactivity (see below for details); (6) posting of inappropriate or obscene materials; (7) falsification of information or data; (8) Unauthorized use of another’s account or password; (9) violation of copyright, publicity rights or other laws, or (10) as required by law, regulation, court or governing agency order. Also see the Code of Behavior/User Conduct below for additional information.
Sponsor’s termination of Member’s Account access may be effected without notice and, on such termination Sponsor may immediately deactivate or delete Member’s Account and/or bar any further access. Sponsor shall not be liable to any Member or other third party for any Account or access termination.
Merchandise ordered through the Online Store may only be shipped to addresses (no post office boxes accepted) eligible for the applicable promotion. The Online Store is only available in select areas and during select dates as presented at the Website.
Companies may be disqualified from the Program due to store closure or if they become incompatible with the Program. Members at deactivated retail chains will be given a 30-day notice of the deactivation via email. During this 30-day period, the Members can participate in the Program, including account access and participation in the prize draws, Live Events (where offered) and the shop (where offered). If they would like to participate in these promotions, they, like, other Members, must be verified. Any promotional transactions initiated by Members of deactivated retail chains AFTER their deactivation date will be inadmissible. Draw winners must be active Members at the time of the draw to win a prize.
Sponsor reserves the right to verify Member’s employment with qualifying companies actively participating in the Seagate sales and distribution networks as required by these Terms in order to establish initial and continued eligibility for the Program or Program Rewards. To participate in Program Rewards employment verification must be completed as determined at the sole discretion of the Sponsor. Verification is valid for one hundred and eighty (180) days. Final determination of employment in assessing Program Eligibility is at Sponsor’s sole discretion. Sponsor may verify Member’s employment using a third-party service.
Members may refer other eligible colleagues to join the Program as detailed at the Website. Bytes awarded for successful referrals are subject to change. Eligible individuals who are referred to the Program must join within 30 days of submitting referral and pass a minimum of one (1) Program Training for Bytes to be awarded. Eligible individuals who are referred to the Program will be notified of the name and email address of the referrer.
By participating in activities on the Seagate Training Portal website (“Website”), Members earn Experience Points (“XP”). See Experience Points sections below for more information on XP gain.
Within the Program, Members achieve different status levels when they earn a certain number of XP. Status levels must be maintained by completing the quiz associated with the Training at least once every 180 days. Some status levels have associated benefits, depending on country participation. See chart below for more information:
*Only available in participating countries
Experience Points (XP) are a measure of a Member’s interaction with the Program – as a Member participates in the Program, he/she automatically earns more XP and increases in status level. The more activity, the quicker he/she can reach higher status levels and reap the benefits identified above. However, XPs may not be redeemed in the Program Rewards Store.
XP have no currency value. XP may not be sold, purchased or bartered. They may only be used for Program benefits by the active Member who earned them. XP are void if transferred for cash or other consideration, except for valid Seagate Training Portal Transactions in accordance with these Terms. XP are valid (1) only if issued by Sponsor and obtained by the applicable Member in accordance with these Terms and the requirements of the applicable Program activity or promotion and (2) as long as the Member who earned them sustains active standing (see Active Account Standing for more details).
XP-earning activities are subject to change at Sponsor’s discretion without notice. XP that may be earned from such activities are also subject to change at Sponsor’s discretion without notice. In the event of any error (including but not limited to hardware, software and/or human-caused errors) in the awarding of XP, Sponsor shall have the right to correct such error and make the necessary adjustments to the number of XP reflected in the relevant Account.
Sponsor reserves the right to establish redemption rules and to set the number of XP required to obtain benefits. Such criteria are subject to change at Sponsor’s sole discretion without notice. The number of XP required to increase Status Level shall be that number set by Sponsor.
Bytes are distinct from XP and are a separate measure of a Member’s participation with the Program – as a Member engages in certain Program activities, obtains Program certifications, and utilizes certain Program tools, he/she may earn more Bytes. The more Bytes, the quicker Members can become eligible for certain Program benefits. Bytes (but not XP) are eligible for redemption in the Rewards Store in accordance with these Terms.
Bytes have no currency value. Bytes may not be sold, purchased or bartered. They may only be used for Program benefits by the active Member who earned them. Bytes are void if transferred for cash or other consideration, except for valid Seagate Training Portal transactions in accordance with these Terms. Bytes are valid only (1) if issued by Sponsor and obtained by the eligible active Member in accordance with these Terms and the requirements provided for the applicable Program activity or promotion, and (2) as long as the Member who earned them sustains active standing (see Active Account Standing for more details).
Byte-earning activities are subject to change at Sponsor’s discretion without notice. Bytes that may be earned from such activities are also subject to change at Sponsor’s discretion without notice. In the event of any error (including but not limited to hardware, software and/or human-caused errors) in the awarding of Bytes, Sponsor shall have the right to correct such error and make the necessary adjustments to the number of Bytes reflected in the relevant Account.
Sponsor reserves the right to establish redemption rules and to set the number of Bytes required to obtain benefits. Such criteria are subject to change at Sponsor’s sole discretion without notice. The number of Bytes required to redeem an award shall be that number set by Sponsor when Bytes are redeemed for the award, not when Bytes are accrued. It is the responsibility of each Member to review the conditions of membership prior to redeeming Bytes for rewards.
Eligibility: Eligibility for Program promotions (each, a “Promotion”) will be determined by Sponsor. Participants and award recipients (when applicable) must be Members in good standing at the time of participation in a Promotion and notification, as determined by Sponsor, in its sole discretion. Void where prohibited by law.
Note: It is a Member’s sole responsibility to review and understand his/her company’s policies regarding participation in Promotions. The awarding of any awards to potential award recipients will be subject to such company policies. If, for whatever reason, any potential award recipient is unable to accept an award (when applicable) due to company policies or for any other legal reason, the award may be forfeited and Sponsor (including its subsidiaries and affiliates) will have no further obligation to such award recipient. Award recipients must be in good standing and employed at a qualified company actively participating in the Seagate sales and distribution network as required by these Terms at time award is to be provided. A Member’s employment status will be verified by Sponsor prior to receiving an award.
General Conditions: By participating in a Promotion, participating Members agree to abide and be bound by these Terms, specific Promotion terms and conditions and the decisions of the Sponsor, which are final and binding in all matters relating to any Promotion. By participating in a Promotion, participating Members also agree not to release any publicity or other materials on their own or through someone else regarding their participation in Promotion without the prior consent of the Sponsor, which it may withhold in its sole discretion. Sponsor reserves the right to disqualify, void or revoke game plays, entries and/or registration data if participant does not earn such game plays, entries and/or enter registration data in compliance with these Terms. By participating in the Promotion, all participating Members agree to release, discharge and hold harmless Sponsor its parent, subsidiaries, affiliates, retailers, suppliers, distributors, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, participants and agents (collectively, “Released Parties”), from any liability or damages which may arise out of participation in the Promotion or out of the acceptance, use, misuse or possession of any award (when applicable). Only the number of awards stated herein will be awarded. By participating in a Promotion, Members agree to these Terms, specific Promotion terms and conditions and to the decisions of Sponsor, which are final and binding in all aspects. All applicable federal, state and local laws and regulations apply. Released Parties are not responsible for late, lost, incomplete, inaccurate, garbled, misdirected, delayed or undelivered registrations, game plays, trivia questions, responses or other error or problem of any kind relating to or in connection with a Promotion, whether human, mechanical, technical, electronic, typographical, printing or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Promotion, the compiling of registration data, the announcement of the awards, the incorrect tabulation, compilation and/or processing of game plays, entries, the tabulation of correct responses, or in any Promotion-related materials. Persons found tampering with or abusing any aspect of a Promotion, acting in an unsportsmanlike or disruptive manner or who are in violation of these Terms or the Promotion terms and conditions as solely determined by Sponsor will be disqualified. Sponsor reserves the right to verify eligibility qualifications of award recipients. Subject to the below General Releases and Limitations of Liability sections of the Program Terms, any and all claims, judgments and awards arising out of or connected with a Promotion, or any award provided shall be limited to actual out-of-pocket costs incurred, and in no event shall a participant be entitled to receive attorney's fees or other legal costs. If for any reason the Promotion is not capable of running as planned, including due to bugs, viruses, tampering, unauthorized intervention, fraud or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Promotion (or portion thereof) and to disqualify any individual who tampers with the participation process, violates these Terms or the Promotion Terms and Conditions, or acts in a disruptive manner and, if terminated, to determine the Awards recipients from among all eligible, non-suspect entries/game plays received prior to action taken.
Governing Law: : Each Promotion and this Program shall be governed by, and construed in accordance with, the laws of the State of California, USA regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Promotion shall take place exclusively in the Federal or State courts sitting in Santa Clara County California, USA and each Member and participant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts.
Privacy: : Any personal information collected in connection with a Promotion shall be used only in a manner consistent with the consent given by participating Members at the time of participation, with these Terms, the terms and conditions of the Promotion and with the Seagate Privacy Policy, which can be found at https://www.seagate.com/legal-privacy/.
To be eligible to attend Live Events, Members must meet the Program Eligibility requirements and be in good standing with the Program. Note any additional requirement for Member to attend a Live Event will be communicated to Members through the Event promotional materials or on the Website.
Members may NOT bring guests to Live Events. Some Live Events are by invitation only. Live Events are not available in all geographic areas.
Note: Seating at live events is limited and preregistered Members are seated first, everyone else is seated on a “first come first seated” basis.
All Live Events include sales training focused on selling Seagate products and technology. Members wishing to attend a Live Event must bring a valid picture ID. Transportation to Live Events is not provided. Members must provide their own transportation to events. Sponsor will make every effort to accommodate Members with disabilities. Members with disabilities planning to attend a Live Event should notify Sponsor upon registration and indicate the accommodation requested. Members can contact us here to request accommodations.
Members may be eligible to earn Bytes for preregistering for a Live Event, attending Live Events, or by completing activities at or after the event itself. To earn Bytes for Live Events, Members may be required to attend the event and complete an online survey within 14 days of the Live Event. Members must obtain a code at the Live Events which gives access to the online survey. Code supplies are limited and are available only while supplies last. Lost codes will not be replaced. Specific details for each Live Event will be posted on the Website.
At various times throughout the year, Members with verified employment with a qualified company actively participating in the Seagate sales and distribution network as required by these Terms will be able to participate in drawings. Multiple drawings may occur at the same time, and only Members of countries/regions where prize draws are permitted by local laws will be able to participate. Members are limited to receiving one prize from each drawing and must complete all paperwork to claim their prize.
Where required by local law, Members may also mail in entries, per the official Program terms and conditions.
Fulfillment of prizes to drawing winners will be handled by the reward vendor for each region. Reward vendor will handle any customs or tax forms as needed.
Conduct should be guided by common sense, professional behavior and basic etiquette, as well as the Program Terms. There will be zero tolerance for illegal behavior in the Program. Members must also obey the rules for use of third-party tools, and the rules of interactive service providers, national, local and regional laws, or foreign or international law where appropriate. Ignorance of the law is not an exemption.
Members are personally responsible for all communication and activity in the Program, including any content contributed, including discussions, e-mails and forums. Members indemnify and hold harmless Sponsor, its parent or its subsidiaries, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (“Indemnified Parties”) from any liability or damages arising from the Member’s conduct throughout the Program, including any content contributed. The Sponsor will monitor comments posted to the Web Site and reserves the right to remove any comments at its sole discretion.
Violations include but are not limited to:
Post, transmit, promote, link to, or distribute content that is illegal
Harass, threaten, embarrass, or do anything else to another Member or guest that is unwanted. This means: don't say bad things about other people, don't keep sending them unwanted messages, don't attack their race, sexual orientation, religion, heritage, etc. If you disagree with someone, respond to the subject, not the person.
Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
Disrupt the flow of forums, events, or other Program activities with vulgar language, abusiveness, use of excessive shouting (all caps) in an attempt to disturb other users, "spamming" or flooding (posting repetitive text).
Using site messaging for any purpose which violates this Code of Behavior.
Impersonate another person, indicate that you are a Seagate employee or a representative of the Seagate Training Portal, or attempt to mislead users by indicating that you represent Sponsor or any Sponsor partners or affiliates.
Attempt to get a password, other account information, or other private information from a Member or any other user in the Program. Remember: a forum moderator, event speaker, or Seagate employee will NEVER ask for your password. Don't give your password, reminder words, or employment information out to anyone.
Upload any content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking, pirating, or distribution of counterfeit software.
Post messages on the forum or anywhere else sponsored by the Program for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of the Program.
Improperly make false reports to Seagate staff members.
Use or distribute "auto" software programs, "macro" software programs, or other "cheat utility" software program or applications.
Technical discussions around Seagate and other storage manufacturers will be admitted, with the understanding that genuine discourse happens and is important to maintain a useful Program. Gratuitous trashing or inflating will be addressed as such. Within other Program activities, a Sponsor leader or Seagate employee will decide on a case-by-case basis how to address a conflict. Optionally, these kinds of statements may be ignored, if not offensive.
If a Member does not exhibit professional businesslike and courteous conduct, their account may be deactivated and they will be prohibited from participating in the Seagate Training Portal. Sponsor reserves the right to deactivate accounts and prohibit participation without notice. By participating in this program, Members and participants understand and agree that all Sponsor decisions are final.
Members may choose to receive special offers from Sponsor-approved third parties. Third-party communications will be limited to one (1) e-mail for a given approved third party within 30 days of a joint event or engagement. Members who opt not to partake will not receive third-party e-mails through the program.
In keeping with Seagate privacy policy and the Seagate Training Portal Terms, third parties will not receive member information for said communications. Sponsor will forward third-party communications on to Members who have chosen to participate in third-party communications.
Sponsor may terminate the Seagate Training Portal 180 days after publishing notice of Program termination on https://training.seagate.com. Sponsor may, at its sole discretion, amend the Program conditions of membership, including terminating any Member's ability to redeem Bytes or utilize XP already accrued, at any time for Program benefits. Any and all changes to the conditions of membership, including rules regarding the number of Bytes needed for merchandise in the Reward Store, are retroactive and apply to all previously accumulated Bytes.
Any Member information collected from the Program or Program activity including, but not limited to your name, and any photos, voice or video recordings, or likeness captured at Program-related events will be used for Seagate’s purposes only and shall be used only in a manner consistent with the consent given by participating Members at the time of the entry, with these Terms, and with the Sponsor Online Privacy Notice, which can be found at https://www.seagate.com/legal-privacy/. Member information will not be shared with other individuals or companies without the Member’s permission except as necessary (in the opinion of the Sponsor) for the administration of the Program or to provide Program-related communications. Sponsor may share your personal information internally or with its affiliates or authorized agency for purposes of data analysis, processing or storage. Sponsor is not responsible for any false or missing information.
Members agree that their personal data will be stored and processed by Sponsor (and its affiliates where applicable) during the duration of the Program. Upon finalization of Program, Members' data will be stored and they will be processed to complete future certification programs. Members may inform Sponsor at any time if they wish to leave the Program or will be notified by Sponsor upon termination of the Program by Sponsor. Seagate's most up to date privacy statement can be reviewed at: https://www.seagate.com/legal-privacy/.
All Seagate Training Portal merchandise and prizes, including items from promotions are available "AS-IS". Any and all warranties for merchandise, prizes or parts thereof are provided by the warranty accompanying the products in the merchandise, if any. Except as otherwise provided in these Terms, Releasees (as defined below) make no warranties, representations or guarantees, express or implied, in fact or in law, respecting the performance or use of merchandise, prize or parts thereof, including, without limitation, quality, merchantability and fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, rerouting or acts of any government or authority.
The Sponsor, its agencies, fulfillment companies, vendors, contractors and agents and each of their respective affiliates, subsidiaries, parent corporations, participating resellers and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, ‘Releasees’) are not responsible for: any incorrectly or inaccurately provided personal information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone or mobile network, computer online systems, computer equipment, servers, providers or software, including without limitation any injury or damage to the Member’s, participant's or any other person's computer relating to or resulting from participation in this Program; incomplete, lost, late, damaged or misdirected mobile messages; inability to access the Website, or any other Program-related website; theft, tampering, destruction or unauthorized access to, or alteration of, the foregoing; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines, mobile networks or the Internet or any such website or for any other reason whatsoever; printing or other errors; any problems with transactions, including, but not limited to refused credit; undeliverable e-mails or mobile messages resulting from any form of active or passive filtering by a Member's provider, or for insufficient space in Member's email or mobile phone account to receive e-mail or text messages; or any combination thereof.
Members release and waive any claim they may have against Releasees and further agree that Releasees and their respective successors and assigns for injuries, claims, damages or losses, costs or expenses of any kind resulting from acceptance of or possession of or arising out of use or misuse of a purchased item, prize, or parts thereof or from participation in this Program.
Members affirm that they have read and accepted these Terms. This Program shall be governed by, and construed in accordance with, the laws of the State of California, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Program shall take place exclusively in the Federal or State courts sitting in Santa Clara County, California, USA, and each participating Member expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any entry information collected from the Program shall be used only in a manner consistent with the consent given by participating Members at the time of the entry, with these Terms and Conditions, and with the Seagate Technology LLC Online Privacy Policy, which can be found at https://www.seagate.com/legal-privacy/.
To the maximum extent permitted by applicable law, Members release and agree to hold harmless the Releasees from any and all liability for any injuries, losses or damages of any kind to persons, including death and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of merchandise or prizes, participation in any Program-related activity, or participation or inability to participate in this Program. Releasees are not responsible for lost, late, stolen, illegible, misdirected, damaged, incomplete or delayed Online enrolments due to: (a) telephone, mobile phone, computer, hardware, software, programming or interrupted or unavailable network, server or other connections, network malfunction or other technical failures or errors, or failure to properly process entries; (b) communication disruption or other forces beyond the reasonable control of the Sponsor, including inability to access the Website or any other Program-related website, submit entries or other disruption related to Internet traffic, virus, bug, or non-authorized intervention; (c) damage caused by computer virus or otherwise resulting to any computer from entrant's access of the Website, whether human, mechanical or electronic, or (d) incorrect or inaccurate information whether caused by users of the Seagate website or any other Program-related website or by any of the programming or equipment associated with or used in the Program or any combination thereof. Releasees are not responsible for printing or other errors. Proof of submitting information at the Website is not considered proof of delivery or receipt.
To the maximim extent permitted by applicable law, Releasees shall not be liable to winner or any other person for failure to supply the merchandise, prize or any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid); equipment failure; terrorist acts; earthquake; war; fire; flood; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor's sole control.
The Member and the Sponsor agree that the purchase contract and all documentation related to participation in the Seagate Training Portal shall be drafted in English.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPONSOR, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE TO ANY MEMBER, OR ANYONE CLAIMING THROUGH A MEMBER, FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF ACTS OR OMISSIONS BY SPONSOR (OR ITS AFFILIATES) IN CONNECTION WITH THE PROGRAM. IF SPONSOR IMPROPERLY DENIES A MEMBER BYTES OR XP CREDIT, THE MEMBER'S EXCLUSIVE REMEDY SHALL BE THE ISSUANCE OF THE IMPROPERLY DENIED BYTES OR XP, IF AVAILABLE, OR SUCH ALTERNATIVE, COMPARABLE BENEFIT AS DETERMINED BY SPONSOR AT ITS SOLE DISCRETION.
