PLEASE READ THESE TERMS AND ANSWER THE QUESTION BELOW BEFORE YOU USE OUR PROGRAM
INTRODUCTION
Welcome to the STEM4Real Network - a professional learning network dedicated to anti-racism in STEM instruction.
STEM4Real (“ STEM4Real ” or “ Our ” or “ We ”) has created the STEM4Real Network for educators to:
(a) access, learn and use STEM4Real’s digital or downloadable resources, printable resources, videos, audio, visuals, or participate in any live or online training, program or private forums, whether on a website hosted by STEM4Real or a third-party website (collectively “ the Resources ”);
(b) use the Resources to design and develop instructional sequences such as lesson plans for STEM curriculum, culturally responsive instructional materials for use in your household or classroom (“ the Member Created Materials ”); and
(c) upload and share the Member Created Materials with other members of the STEM4Real Network to receive feedback and help other members design and develop instructional sequences.
Please read these terms and conditions of use (“ Terms ”) carefully and, if you wish, print or save a copy for your records. These Terms explain the rules you need to follow when you become a member of the STEM4Real Network; access or use the Resources; or create, upload, share or use the Member Created Materials (collectively, “ the Program ”).
PLEASE NOTE: Section 10 contains a binding arbitration clause. It affects your rights about how to resolve any disputes with us. Please read it carefully.
1. ACCEPTANCE OF THESE TERMS
STEM4Real is willing to provide the Program to you only on the condition that you first accept these Terms. By using the Program in any manner or by clicking “I Accept” checkbox or similar method, indicates that you accept these Terms.
These Terms form a legally binding agreement between you and STEM4Real.
If you do not agree with these Terms, you may not use the Program.
If you have any questions, please don’t hesitate to contact us at info@stem4real.org.
2. MEMBERSHIP
ELIGIBILITY
You are eligible to join the STEM4Real Network as a member if you are at least 18 years old. STEM4Real hereby disclaims all liability for use by individuals under the age of 18.
MEMBERSHIP TYPES
Standard Members
You may join the STEM4Real Network as an individual using your personal funds (“ Standard Member ”). Enterprise Members You may gain access to the STEM4Real Network as an employee through your school or district (“ Enterprise Member ”). If your membership is paid for by your school or district for your use as an employee, you represent and warrant that you have permission from your school or district to enter into these Terms.
CHANGES IN ELIGIBILITY
For Enterprise Members, if your school or district no longer employs you, you (a) must notify us immediately and (b) are not permitted to continue to access or use the Program.
CREATING AN ACCOUNT
Information, Username, and Password
To use the Program, you may have to register an account. This means you’ll have to create a username, password and give us accurate information about yourself, such as your name, email address, and telephone number. You represent and warrant that any information you provide is accurate and that you’ll update information should there be any changes.
Personal Use Only; You are Responsible
Your account is for your personal use only. You may not authorize others to use your account, and you may not share your account. Please keep your password secure because you are responsible for any activities associated with your account and may be held liable for any losses arising out of such a failure. You agree to immediately notify STEM4Real of any unauthorized use of your account of which you are
aware.
PAYMENT AND REFUND POLICY
Standard Members Payment
When you place an order for membership in the STEM4Real Network, you are making an offer to purchase. All orders are subject to acceptance by STEM4Real.
By placing an order, you represent and warrant that all information you give us is accurate and you are authorized to use the payment method provided. If you’re paying by credit card, you authorize STEM4Real to automatically charge your credit card. We accept credit card payment through secure online payment processors such as PayPal. We do not store your credit card information. The payment processor does share your name, address, and email with us.
You agree to pay the fees listed on the checkout page for the Program. You are purchasing an annual membership to the Program. Recurring annual payments will be charged to your card on the same day, each year after you join (if, for example, you join on March 20, 2021, your card would be charged March 20, 2021 and so on). You may cancel your membership in the STEM4Real Network at least 30 days before the annual billing date. After your membership ends, you will be removed from the STEM4Real Network.
Payment in full is required before you will be permitted to participate in the Program. If any payment is insufficient or declined for any reason, we may revoke your access to the Program without refund.
STEM4Real reserves the right to adjust the fees for the Program and payment terms, and will notify you of any changes.
Enterprise Members Payment
Your membership is paid for by your school’s or district’s acceptance of an online or printed order form or other ordering document that references these Terms (“Order”). An Order may specify applicable fees, how long you are authorized to use the Program and other terms. If there is a conflict between these Terms and the terms of an Order, these Terms control.
Refund Policy
Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program, all sales are considered final and nonrefundable once an order is submitted. If you feel the Program is unsatisfactory, please contact us at info@stem4real.org, and we will do our best to assist you.
Since we have a clear and explicit Refund Policy in these Terms that you have agreed to before completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor.
3. THE RESOURCES AND THE MEMBER CREATED MATERIALS LICENSE TERMS
THE RESOURCES
Ownership of the Resources
The Resources are owned by STEM4Real or its licensors or other providers of such material and are protected by copyright, trademark, and other intellectual property laws. Using the Resources does not grant or transfer to you any ownership rights of the Resources.
STEM4Real Grants You a License to Use the Resources
We grant you a license to use the Resources. This license is:
What You Can Do With the Resources: Permitted Uses
You may:
You must credit STEM4Real on the pages that you share. You must remove the Resources from your classroom or closed online platform once you are done using the Resources and at the end of the school year.
What You Cannot Do With the Resources: Prohibited Uses
You must not:
THE MEMBER CREATED MATERIALS
STEM4Real Grants You a License to Use the Resources to Create the Member Created Materials Subject to your compliance with these Terms, STEM4Real permits you to modify and create derivative works of the Resources SOLELY to create the Member Created Materials.
Ownership of the Member Created Materials
You agree that all right, title, and interest in and to the Member Created Materials (including all copyrights and other intellectual property rights) made by you pursuant to the licenses granted in these Terms is owned exclusively by STEM4Real. To the extent an assignment is necessary, you assign, transfer, and otherwise convey to STEM4Real, irrevocably, in perpetuity, throughout the world, all right, title, and interest in and to the Member Created Materials, including all copyrights and other intellectual property rights in them.
STEM4Real Grants You a License to Use the Member Created Materials
We grant you a worldwide, royalty-free, perpetual, non-exclusive right and license to use the Member Created Materials for non-commercial and educational or instructional use only.
What You Can Do With the Member Created Materials: Permitted Uses
You may:
You must credit STEM4Real on the pages that you share.
What You Cannot Do With the Resources: Prohibited Uses
You must not:
4. INTELLECTUAL PROPERTY
OUR PROPERTY
Ownership of Content
All Content is owned by STEM4Real or its licensors or other providers of such material, and are protected by copyright, trademark, and other intellectual property laws. For purposes of these Terms, “Content” is defined as all content accessible on or through the STEM4Real’s website, any third-party website STEM4Real may use to distribute or host the Program, and contained in emails sent to you by STEM4Real (except for Your Content) including all information, text, designs, images, graphics, videos, sounds, data, and all other content and intellectual property, and the look and feel of all of the preceding. Using STEM4Real’s website and Content does not grant or transfer to you any ownership rights of STEM4Real’s website and Content.
STEM4Real Grants You a License to Use the Content
We grant you a license to use our Content. This license is:
What You Can Do With the Content
You may access, view, download, or print one copy of a reasonable number of pages of the Content for your household or classroom, for educational or instructional purposes only.
What You Cannot Do With the Content
You must not reproduce, republish, distribute, modify, create derivatives, perform, reverse engineer, translate, duplicate, sell, disclose, distribute to family, friends or any third party, or otherwise use any material from the Content for commercial purposes or in any way that earns you or any third-party. Any unauthorized use of any materials in the Content will constitute infringement.
STEM4Real Marks
All trademarks, service marks, trade names, logos, and graphics included within the Program or Content (“Marks”) are trademarks or service marks of STEM4Real or their respective owners. You may not use any Marks without the prior written consent of STEM4Real.
Unauthorized Use
You agree that any violation or threatened violation of the intellectual property rights in these Terms would cause irreparable injury to STEM4Real that may not be adequately compensated by damages, entitling us to obtain injunctive relief in addition to all legal remedies.
YOUR CONTENT
Your Content
Certain aspects of the Program may allow you to upload, post, submit, display or transmit to other users or members content, including comments, posts, feedback, reviews, graphics, photos, audio, video, or other materials (“Your Content”).
Your Content must comply with the Rules of Conduct set out in these Terms.
You acknowledge that you are responsible for Your Content, including its legality, reliability, accuracy and appropriateness.
You Grant STEM4Real a License to Use Your Content
STEM4Real does not obtain ownership of Your Content. By providing Your Content through the Program, you grant to STEM4Real and our affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, unrestricted license to use, distribute, reproduce, modify, sell, prepare derivative works of, perform, and display Your Content in connection with the STEM4Real’s business, in whole or in part, in all media now known or developed in the future, and through any media channels. This right includes granting STEM4Real proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by STEM4Real to you.
You represent and warrant that you own or have all rights to provide Your Content and have the right to grant the license granted above to STEM4Real and our affiliates.
If you decide you do not want STEM4Real to use Your Content, please contact us at info@stem4real.org, and we will do our best to assist you.
You Grant STEM4Real a License to Use Your Likeness, Name, and Image
You consent to photographs, videos, or audio recordings, including teleconference calls, webinars, or other communications, that you may submit to STEM4Real during your use of the Resources and Content that may contain you, your voice, or your likeness. In STEM4Real’s sole discretion, we reserve the right to use these photographs, videos, or audio recordings or any other materials submitted by you to STEM4Real or created by STEM4Real in connection with your participation or use of any of the Resources, without compensation to you at any time, now or at any time in the future.
You grant to STEM4Real the right to use your likeness and identify you as the author and individual depicted in any comments, posts, feedback, reviews, photos, images, videos, or other contributions created by you or STEM4Real, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Resources or in our Content at any time for any reason.
If you decide you do not want STEM4Real to use your likeness, name, or image, please contact us at info@stem4real.org, and we will do our best to assist you.
5. RULES OF CONDUCT
We’ve created the Program to be a helpful resource and supportive community for educators. We believe that most people have the best intentions, but we understand that people do not always fulfill that belief. So, we’ve set out some grounds for the use of the Program.
You agree that you will not, either directly or indirectly, do any of the following:
Violating the Rules of Conduct
If you violate these Rules of Conduct, we reserve the right to remove you and any of Your Content from the Program at our sole discretion.
Modifying the Rules of Conduct
We may modify or add to these Rules of Conduct at our discretion.
Additional Rules
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on STEM4Real’s website or a third-party website such as facebook.com or Slack, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these Terms.
6. MONITORING
STEM4Real has the right, but not the obligation to monitor posts, comments, or material submitted by third parties. We have the right to remove or refuse to post any of Your Content for any or no reason at our sole discretion. We have the right to take any action concerning any of Your Content that we deem necessary.
We cannot ensure prompt removal of objectionable material after it has been posted.
STEM4Real is not responsible or liable for any loss or damage caused by comments, materials, communication provided by any user, member, or third-party. You are responsible for Your Content and for any liability that may result from Your Content.
7. TERMINATION
STEM4Real, in its sole discretion, may suspend or terminate your account and access to all or part of the Program or Content (a) if you breach any of these Terms or (b) at any time without notice. If your access is terminated, any of Your Content you have submitted on or through the Program will remain stored with STEM4Real and viewable through the Program. The restrictions imposed on you in these Terms with respect to the Program and Content will still apply even after termination by your or STEM4Real. In the event of termination, any provisions of these Terms that by their nature are intended to survive termination will survive.
8. DISCLAIMERS
RELIANCE ON INFORMATION
The Program and Content are provided for educational and informational use only. The Program and Content are not intended as a substitute for obtaining advice specific to your circumstances from a qualified financial, legal, or medical professional. STEM4Real disclaims any liability for your reliance on any opinions or advice contained in the Program or Content. You agree that the Program and Content are meant to be used as supplemental and are made to partner with good teaching methods. You agree that STEM4Real is not responsible or liable for providing inadequate education or educational malpractice.
RESULTS NOT GUARANTEED
We stand by our work. Nevertheless, you agree and understand that individual outcomes will vary. Application of the principles outlined in the Program may vary from person to person, and you accept the risk that your results may be different. Therefore, we cannot and do not guarantee that you will attain a particular result by using the Program or Content. STEM4Real cannot and does not guarantee
any particular financial or business outcomes or other particular results, and you understand that results differ for each individual.
USE OF TESTIMONIALS AND REVIEWS
The Program may reference testimonials, reviews, case studies, or other feedback from others about the Program. Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in the Program.
ERRORS AND CORRECTIONS
STEM4Real does not guarantee that the Program or Content will be error-free, uninterrupted, or free of viruses. STEM4Real may make improvements, repairs, or changes to the Program and Content at any time and will try to avoid disrupting peak hours, though some downtime may occur. We will not be liable if for any reason all or any part of the Program is unavailable at any time or for any period.
THIRD-PARTY LINKS AND ADVERTISEMENTS
STEM4Real’s website, the Program, and Content may include links to third-party websites, content, products, or services. STEM4Real is not responsible or liable for any content on those websites. If you access a third-party website, you do so at your own risk. It’s up to you to decide if those websites and their content work for you, and we recommend you do your research to find that out. You expressly relieve STEM4Real from all liability arising from your use of any third-party website, content, products, or services.
INTERACTIONS WITH OTHER USERS AND MEMBERS; CONFIDENTIALITY
You are solely responsible for all of your communications and interactions with other users and members of the Program. It’s your responsibility to take precautions when sharing any information about yourself with another member or anyone else. You release STEM4Real from any liability that may arise out of your interactions with another member or user of the Program.
Please choose carefully the information and materials you share through the Program. STEM4Real cannot guarantee confidentiality. You agree not to use or disclose any information that you learn about other users or members, unless disclosure is required by law. Please do not share any information which may harm your business or personal interests if repeated, copied, or otherwise transmitted or implemented by a third party.
DISCLAIMER OF WARRANTIES
PLEASE NOTE: Your use of the Program and Content is at your own risk. The information, products, and services offered on or through the Program and Content are provided "AS IS”, "AS AVAILABLE”, and WITH ALL FAULTS. We make no warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Program and Content.
To the fullest extent permitted by applicable law, STEM4Real disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
STEM4Real makes no warranty that (a) the Program and Content will meet your requirements, (b) any part of the Program and Content or the servers that make the Program or Content available will be uninterrupted, error-free, or free of viruses or other harmful components (c) the results of using the Program and Content will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained through your use of the Program and Content will meet your expectations, or (e) that defects will be corrected.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
9. LIMITATION OF LIABILITY; INDEMNIFICATION
LIMITATION OF LIABILITY
PLEASE NOTE: To the fullest extent permitted by applicable law, STEM4Real (including our affiliates, licensors, service providers, employees, agents, officers, or directors) will not be liable or responsible for any direct, indirect, incidental, consequential, or punitive damages (including damages from loss of business, lost profits, goodwill or personal injury), under any legal theory, arising out of or in any way relating to the Program or Content, even if advised of the possibility of such damages. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the actual amount you have paid us for the Program in the twelve (12) months before the event giving rise to your claims.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law. INDEMNIFICATION
You agree to indemnify and hold harmless STEM4Real, its officers, directors, employees, agents, partners, affiliates, contractors, assigns, and their employees from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising from or in connection with: (i) your use of the Program and Content in violation of these Terms, (ii) any breach by you of these Terms or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the STEM4Real’s website or any third-party forum or website operated by STEM4Real, (iv) your use of materials or features available in the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by STEM4Real) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
10. RESOLVING DISPUTES
GOVERNING LAW
You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern these Terms.
INFORMAL RESOLUTION
For any dispute or claim between you and STEM4Real, you agree to first contact us at info@stem4real.org to attempt to resolve the issue informally. If the issue is not resolved satisfactorily within 30 days after you contact us, then we each agree to resolve the issue by binding arbitration or otherwise mutually agreed by the parties.
BINDING ARBITRATION
PLEASE NOTE: This section affects your rights, including your right to file a lawsuit in court and to have a trial by jury. You and we expressly agree that any claim or dispute must be resolved exclusively by arbitration located in Los Angeles County, California. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA) under their Commercial Arbitration Rules. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
11. PRIVACY POLICY
Please read the STEM4Real privacy policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The STEM4Real Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
12. CHANGES TO THESE TERMS
We may change, modify or update these Terms at any time without notice. Any access or use of the Program or Content by you after the Company posts such changes indicates that you have read, understood, and agreed to the current version of the Terms.
13. INTERNATIONAL USE
STEM4Real controls and operates the Program from offices in the United States. We make no claims that the Program is accessible or appropriate outside of the United States. Access to the Program may not be legal by certain persons or in certain countries. If you access the Program from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
14. GENERAL PROVISIONS
RELATIONSHIP OF THE PARTIES
No joint venture, partnership, employment, contractor, or agency relationship exists between you and STEM4Real by virtue of your use of the Program.
FORCE MAJEURE: EVENTS OUTSIDE OF OUR CONTROL
STEM4Real will be excused from performance under these Terms to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events outside the control of our control, such as an act of God, fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, death, illness, incapacity, epidemic, pandemic, infestation, war, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not), or any other event outside STEM4Real’s control (collectively, “Force Majeure Event”). If there is a Force Majeure Event, STEM4Real will provide notice to you of its inability to perform or delay in performing.
SEVERABILITY
If any provision of these Terms is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
WAIVER
The failure of STEM4Real to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of STEM4Real.
ALL RIGHTS RESERVED
STEM4Real reserves all rights not expressly granted in the Terms.
ENTIRE AGREEMENT
These Terms (together with any other written agreements that govern your use of our Program) constitute the entire agreement between you and STEM4Real and governs the terms and conditions of your use of the Program and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and STEM4Real with respect to the Program.
15. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
16. QUESTIONS AND FEEDBACK
We welcome your questions, comments, and feedback. Please send all questions, comments, and feedback to us at info@stem4real.org.