Terms of Service

1. Privacy Policy

Please refer to our Privacy Policy for information on how STEM-Smart Science  collects, uses and discloses personally identifiable information from its users.

2. Member Account, Password, And Security.

STEM-Smart Science will create you all accounts (including all user names and passwords) after subscribing. You may update the user names and passwords anytime after logging in. You are responsible for maintaining the confidentiality of the passwords and are responsible for all activities that occur under your account/s. You agree to (a) provide accurate, current, and complete information about you when subscribing and update that information as necessary, (b) maintain the security of all passwords and identification; (c) immediately notify STEM-Smart Science of any unauthorized use of your passwords or accounts, or any other breach of security, and (d) ensure that you log out from your account at the end of each session. ILO will not be liable for any loss or damage arising from your failure to comply with this section.

3. Dashboards

You will be provided with one or more private pages (a “Dashboard”) on which you may enter information about your students, create tests, manage student groups, and use the tools that the STEM-Smart Science team has provided. As the owner of that Dashboard, you will be responsible for that Dashboard and ensuring that it complies with the requirements set forth in these Terms, including responsibility for all content and conduct occurring on the Dashboard.

As the owner of a Dashboard, you will be given the option to update student accounts (“Students”) so that they can have their own Dashboard. You also agree that you are responsible for the activities and conduct of your Students, as well as the Content posted by such Students, and that STEM-Smart Science will not have any obligation to monitor or restrict your Students’ activities, although it may do so in its sole discretion. Only Students with accounts will be authorized to have and use their own Dashboard.

4. User Conduct and Content

The Site and the Services include the Dashboard and Modules (collectively, “Interactive Areas”). , in which you or other users may create or link to messages, information, documents, photos, videos, graphics, code other items content or materials on the Site (“User Content”).  You are solely responsible for you and your Students’ use of such Interactive Areas and use them at your own risk.

You agree not to, and to ensure that you and your Students will not:

• Post or link to any User Content that is harmful, unlawful, fraudulent, threatening, abusive, inflammatory, harassing, tortious, libelous, defamatory, vulgar, obscene, pornographic, invasive of another’s privacy or publicity rights, hateful, harassing, threatening, or racially, ethnically, or otherwise objectionable;
• Impersonate any person or entity, including, but not limited to, ILO officials, authors, webmaster, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post or link to any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, trade secrets, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Post or link to any Content that infringes or violates any patent, trademark, trade secret, copyright, or other proprietary right or otherwise violates the rights of any third party;
• Post or link to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Post or link to any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
• Engage in any conduct that would interfere with other users’ ability to use the Interactive Areas, including, but not limited to, disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or disrupting the servers or networks connected to the Interactive Areas;
• Intentionally or unintentionally violate any applicable local, state, national or international law, or upload or post any Content that would constitute, encourage or provide instructions for a violation of such laws;
• “Stalk” or otherwise harass another;
• Post or link to Content that is not relevant to the Interactive Areas; and/or
• Collect, store, or use personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect ILO’s systems and customers, or to ensure the integrity and operation of ILO’s business and systems, ILO may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content.  ILO’s right to disclose any such information shall govern over any terms of ILO’s Privacy Policy.

ILO takes no responsibility and assumes no liability for any User Content posted or linked to by you or any third party, or for any loss or damage thereto, nor is ILO liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  You agree that you must evaluate and bear all risks associated with the use of any User Content or Interactive Areas, including any reliance on the accuracy, completeness, or usefulness of such User Content or Interactive Areas. As a provider of interactive services, ILO is not liable for any statements, representations or User Content provided by its users in any Dashboard or other Interactive Area.  Although ILO has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, ILO reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

5. Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the STEM-Smart Science logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of ILO or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sub licensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only  Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose.

Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of ILO, is strictly prohibited and will terminate the license granted herein.  Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at anytime.

6. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, ILO has adopted a policy of terminating, in appropriate circumstances and at ILO sole discretion, users who are deemed to be repeat infringers. ILO may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.  ILO will not be liable for any data, documents, information or other User Content that is lost due to an account being deleted under this section.

7. Copyright Complaints

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement to info@stem-smart.com

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

8. Trademarks

The STEM-Smart Science name and logo, and any other product or service name or slogan contained in the Site are trademarks of ILO and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ILO or the applicable trademark holder.  You may not use any meta tags or any other “hidden text” utilizing “STEM-Smart Science ” or any other name, trademark or product or service name of ILO without our prior written permission.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ILO and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names and STEM-Smart Science names or logos mentioned in the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

9. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray STEM-Smart Science or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at anytime.  You may not use a STEM-Smart Science logo or other proprietary graphic of STEM-Smart Science to link to this Site without the express written permission of STEM-Smart Science .  Further, you may not use, frame or utilize framing techniques to enclose any STEM-Smart Science trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without ILO’s express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ILO or any third party.

ILO makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of ILO and ILO is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. STEM-Smart Science provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by STEM-Smart Science of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

10. Third Party Content

STEM-Smart Science may provide third party content or links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information.  STEM-Smart Science does not monitor or have any control over any Third Party Content or third party Web sites. STEM-Smart Science does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.  STEM-Smart Science does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content.  Users use these links and Third Party Content contained therein at their own risk.

11. Advertisements and Promotions

STEM-Smart Science may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than STEM-Smart Science , and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ILO is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- STEM-Smart Science advertisers on the Site.

12. Submissions

You acknowledge and agree that any information, content, items or materials regarding the Site or the Services that are provided by you in the form of email or other submissions to STEM-Smart Science , including but not limited to questions, comments, suggestions, feedback, ideas, plans, notes, other content (collectively the “Submissions”), are non-confidential and shall become the sole property of ILO. ILO shall own exclusive rights to the Submissions, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  The foregoing does not apply to any materials posted in your Dashboard

13. Uses of Personal Information

In general, we use personal information that we collect to process your requests or transactions, to facilitate your use and our administration and operation of the Site and the Services, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to learn more about and improve the Site and the Services and for the purpose for which information was provided. For example, we may use the information we collect to:

• Provide you with the services you request and to complete any transactions or enable the use of any features
• Send you a welcoming, account related or customer service email
• Contact you about our services, products, activities, special events or offers
• Respond to your emails, submissions, comments, requests or complaints
• Process payments
• Request feedback and to enable us to develop, customize and improve the Site, the Services and new offerings
• Notify contest winners.

If you wish, at any time, to remove your email address from any of the above mentioned email mailing lists and stop receiving future email communications from us, other than the emails directly related to the Service functionality/Software, you may unsubscribe by an email to:info@stem-smart.com. For your convenience, email communication from us contains instructions regarding how to unsubscribe from our e-mail mailing lists.

14. Indemnification

You agree to defend, indemnify and hold harmless ILO, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to(a) any User Content you post, store or otherwise transmit on or through the Site; (b) your use of or inability to use the Site or the Services;  (c) your conduct in connection with the Site and the Services; (d) the breach of any laws by you, your Students, agents, or partners, (e) your violation of these Terms or any other relevant terms or the rights of any third party, or (f) any other acts or failures to act by you, your Students, agents, or your partners in connection with your use of this Site and its Services.

15. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY STEM-SMART SCIENCE, THE SITE, THE SITE MATERIALS, THE TOOLS, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  STEM-SMART SCIENCE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, TOOLS AND MATERIALS AVAILABLE THROUGH THE SITE AND THE SERVICES.  STEM-SMART SCIENCE DOES NOT REPRESENT OR WARRANT THAT MATERIALS OR TOOLS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

STEM-SMART SCIENCE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY OR FOR THE MALFUNCTION OF ANY TOOLS THAT MAY BE PROVIDED OR THE RESULTS FROM SUCH TOOLS.  WHILE STEM-SMART SCIENCE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, STEM-SMART SCIENCE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

16. Limitation of Liability

IN NO EVENT SHALL STEM-SMART SCIENCE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE TOOLS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM STEM-SMART SCIENCE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS INOPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO STEM-SMART SCIENCE’S RECORDS, PROGRAMS OR SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STEM-SMART SCIENCE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO STEM-SMART SCIENCE FOR ACCESS TO OR USE OF THE SITE.

17. Changes to Services; Termination

STEM-Smart Science reserves the right at any time, without notice and in its sole discretion, to modify or discontinue the Site or the Services or to terminate or suspend your access to the Services or any Dashboard, without any liability to you or any other person.  You must agree to be bound by any modifications in order to continue using the Services.  If you do not agree to the modifications, you must discontinue your use of the Services.  ILO will not be liable for any data, documents, information or other User Content that is lost due to such modification, discontinuance, termination or suspension. You are solely responsible for backing up any data or other User Content, including any information contained in Dashboards.

18. Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Iowa, applicable to agreements made and to be entirely performed within the State of Iowa, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Johnson County, Iowa and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

19. Termination

Notwithstanding any of these Site Terms, ILO reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

20. Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

21. Questions & Contact Information

Questions or comments about the Site may be directed to STEM-Smart Science at the email address info@stem-smart.com.