TERMS OF SERVICE
Last Updated: October 23, 2020
The following Terms of Service are entered into by and between You and STEM Launcher LLC (“Company”, “we”, “our” or “us”).
We provide our services (described below) to you through our website located at stemlauncher.com (the “Site”) and through related services (collectively and individually, such services, including any content, functionality, features and applications, and the Services, are referred to as the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
By using the Site or any Services, or clicking accept or agree to the Terms of Service, whether as a guest or a registered User, you are agreeing to be bound by these Terms of Service (these “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws.
Please read these Terms carefully before you start to use the Services, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Company on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS, USE AND/OR LOG INTO THE SERVICES.
CHANGES TO THE TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.
When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including without limitation, our Privacy Policy [INSERT LINK TO PRIVACY POLICY HERE] and Cookie Policy [INSERT LINK TO COOKIE POLICY HERE] as described further below and linked herein. All such terms are hereby incorporated by reference into these Terms of Service.
You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
PRIVACY
Your use of the Services is also subject to the Company’s Privacy Policy [INSERT LINK TO PRIVACY POLICY HERE]. Please review our Privacy Policy [LINK], which also governs the Services and informs Users of our data collection practices. Your agreement to the Privacy Policy [LINK] is hereby incorporated into these Terms of Service.
KEY TERMS
“User” “you” or “your” means a person, organization or entity using the Services, including Parents.
“Parent(s)” means a parent or legal guardian who complete Company’s account registration process to purchase Services for the purpose of enrolling their child.
“Class(es)” means any online class(es) offered by Company via the Services.
ACCESSING THE SERVICES AND ACCOUNT SECURITY
We reserve the right to change, suspend, withdraw, amend or cease the Services and any service or material we provide to, on or through the Services in our sole discretion without notice. We will not be liable to you or to any third party if for any reason all or any part of the Services is unavailable at any time or for any period or for any change or termination of the Services or any part thereof. From time to time, we may temporarily or permanently restrict access to some parts of the Services, or all of the Services, for Users, including registered Users.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services and any resources downloaded from the Services that all the information you provide is true, accurate, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through use of any interactive features on the Services, is governed by our Privacy Policy [[INSERT LINK TO PRIVACY POLICY]], and you consent to all actions we take with respect to your information consistent with our Privacy Policy [[INSERT LINK TO PRIVACY POLICY]].
You must be of legal age to form a binding contract to register for the Services. If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them before you use the Services. If you are a Parent and you provide your consent to your child’s use of the Services, then you agree to be bound by these Terms of Service with respect to your child’s use of the Service.
If you choose, or are provided with, a User name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your User Name password or other security information. You are fully responsible for any and all activities that occur under your password or account. You agree to notify us immediately of an unauthorized access to or use of your User Name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Company will not be liable for any loss or damage arising from your failure to comply with this Section.
We have the right to disable any User name, password, or other identifier whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Upon termination of your right to view the Services or any portion thereof, or upon termination of the license granted herein, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You agree that Company has no obligation to provide you with any support in connection with the Services.
FOR EDUCATION AND INFORMATIONAL PURPOSES ONLY
The information contained on the Services and the resources available for download through the Services are for educational and informational purposes only. The information contained on the Services and the resources available for download through the Services are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
CLASS RECORDINGS
Classes that take place through Company’s video chat platform may be recorded by Company (“Class Recordings”). We value student, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are made available only to the teacher providing the Class in question, in order to allow them to (1) provide a viewable copy to students who missed the Class, or who wish to review the Class, for their personal educational purposes; and (2) review the Class Recording personally in order to improve their Classes. In addition, Company may use Class Recordings to improve our Services, for customer support, and for compliance purposes. Company retains Class Recordings for six months after the date of the applicable Class, subject to our Privacy Policy [[INSERT LINK TO PRIVACY POLICY HERE]], after which they are deleted. Notwithstanding the foregoing, Company will also delete Class Recordings earlier than six months under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of Company that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for promotional or any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.
PAYMENT TERMS
Each Parent agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Parent hereby authorizes Company to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Company know within thirty (30) days after the date that Company charges you.
INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable, limited, personal license to access and use the Services and the resources available for download from the Services whether provided for free or for sale strictly in accordance with these Terms.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, display, copy, frame, scrape, “mirror” to another server, rent, lease, loan, sell, resell, exploit, transfer, license, perform, publish, reproduce, duplicate, distribute or create derivative works from or based on any portion of the Service, use of the Service or access to the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. You will not access the Services in order to build a similar or competitive website. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Company, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Company. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
All content or features included as part of the Services, such as text, graphics, logos, images as well as the compilation thereof, Company name, Company slogan, Company logos, and all related names, logos, products and service names, designs and slogans are trademarks and service marks of Company (collectively the “Company Trademarks”) or its affiliates or licensors. Other company, product, software, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. You should not interpret anything in these Terms of Service or the Services to mean that Company is in any way explicitly or implicitly giving you any license or right to use any of Company Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks is only for Company’s exclusive benefit. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
The Company content is not for resale. Your use of the Services or any of the resources available for download from the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal and individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
ACCURACY AND PERSONAL RESPONSIBILITY
We have done our best to ensure that the information provided on the Services and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any affiliates, owners or employees shall be held liable or responsible for any errors or omissions on the Services or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using the Services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on the Services or the resources available for download from the Services. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on the Services.
NO GUARANTEES AS TO RESULTS
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on the Services or not. The Company provides educational and informational resources to Users of the Services. You nevertheless recognize that your experience and results from utilizing the resources provided through the Services will vary based upon your particular situation and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in the Services are no guarantee that you or any other person or entity will be able to obtain similar results.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting the Services or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by e-mail, and there may be various places on the Services that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy [INSERT LINK TO PRIVACY POLICY], we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
USE OF COMMUNICATION SERVICES
The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other User from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized as Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
USER CONTENT
The Company does not claim ownership of the materials you provide to the Services (including feedback and suggestions) or post, upload, input or submit to via any Services or our associated services (collectively “User Content”). However, by posting, uploading, inputting, providing, or submitting your User Content you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your User Content in connection with the operation of their Internet businesses including, without limitation, the rights to: use, copy, distribute, transmit, publicly display, publicly perform, reproduce, modify, adapt, publish, translate, create derivative works from edit, translate, and reformat your User Content (in whole or in part) worldwide via the Services or otherwise and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and to publish your name in connection with your User Content as further described below.
No compensation will be paid with respect to the use of your User Content, as provided herein. The Company is under no obligation to post or use any User Content you may provide and may remove any User Content at any time in the Company’s sole discretion.
You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate any of the Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obligated to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
By posting, uploading, inputting, providing, or submitting your User Content you warrant and represent that you own or otherwise control all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein and all other rights necessary for you to provide, post, upload, input or submit the User Content.
You agree not to use the Services to collect, upload, transmit, display or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) that is unlawful, harassing, abusive, tortious, threatening, harmful, violent, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iv) that is harmful to minors in any way; (v) solicits personal information from anyone in violation of our Privacy Policy [INSERT LINK TO PRIVACY POLICY HERE]; (vi) that is in violation of any applicable local, state, national or international law, regulation, obligations or restrictions imposed by any third party or which have the force of law, or; (vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Company or its Users to any harm or liability of any type.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any software intended to damage or alter a computer system or data or that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that poses or creates a privacy or security risk to any person; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, commercial activities, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of duplicative or unsolicited messages; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other Users without their consent; (iv) interfere with or disrupt, or create an undue burden on the Services or the servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, whether through password mining or any other means; (vi) harass or interfere with any other User’s use and enjoyment of the Services; (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to the Services; (ix) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (xi) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against anyone who, in our sole discretion, violates any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account, and/or reporting you to law enforcement authorities.
If you provide us with any feedback or suggestions regarding the Services, you hereby assign to us all rights in such feedback and agree that we shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. Company will treat any feedback you provide as non-confidential and non-proprietary.
Each User is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user of the Services, we are under no obligation to become involved.
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
You acknowledge and agree that Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
THIRD PARTY WEBSITES, CONTENT, AND SERVICES
The Services may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Website or any association with its operators.
Certain services made available via the Services are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Services, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Services Users and customers.
Under no circumstances will Company be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company may, but is not required to, pre-screen content, and Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
PURCHASING
In order to purchase an Service, you must provide the requested information and pay the specified amount. You will be required to register an account with us on our website or online commerce provider. You are responsible for any costs associated with your use of any Service. Any amounts owed by you must be paid in full before you access or use any Service. Company reserves the right, in our sole and absolute discretion, to refuse to accept any offer to purchase any Services. In such circumstance, no contract will arise and we will return any payment accompanying your purchase offer. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
CANCELLATION/REFUND POLICIES
Company provides a 14-day money-back guarantee for its Services. That money-back guarantee is governed by the following terms:
In the event you decide your purchase was not the right decision, within 14 days of purchase, contact our support team at [classes@stemlauncher.com] and let us know you’d like a refund by the 14th day at 11:59 PM EST.
We will NOT provide refunds for any request that comes more than 14 after purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the Course regardless of whether you complete the Course.
Upon determining that you are entitled to a refund pursuant to this policy, Company will promptly issue an instruction to its payment processor to issue the refund. Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted to you to use the material provided to you pursuant to the Online Terms. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members (if applicable), and other resources.
All refunds are discretionary as determined by Company.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, if you become disruptive to the Company or other users or participants, if you fail to follow the Service guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
NON-DISPARAGEMENT
The parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither you nor any of your associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Company or any of its programs, members, owners, directors, officers, affiliates, subsidiaries, employees, agents or representatives.
INDEMNITY AND RELEASE
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services or services, any User Content, your connection to the Service, you use of the Service, any postings made by you on any Company owned or moderated Services or communication services, your violation of any Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You hereby release and forever discharge Company, its affiliates, and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Therefore, you hereby assume the risks and agree that this agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES AND/OR ANY INFORMATION, RESOURCES, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED VIA THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE, NOW OR IN THE FUTURE, ARISING OUT OF OR RELATING TO THE SERVICES, THE COMPANY, ANY AND ALL CONTRACTS YOU ENTER INTO WITH THE COMPANY, AND ANY AND ALL OF THE COMPANY’S PRODUCTS AND SERVICES.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Services, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Knoxville, Tennessee. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific 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 N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at STEM Launcher LLC, PO Box 22404, Knoxville, TN 37933, or by email at info@stemlauncher.com.
INTERNATIONAL USERS
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Services. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
ASSIGNMENT
Any services provided by Company under the Online Terms are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign the Online Terms to any other company without prior notice to you.
FORCE MAJEURE
Company shall not be liable or responsible to you, nor be deemed to have breached the Online Terms, for any failure or delay in fulfilling or performing any term of the Online Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Company, including Acts of God, fire, floods, war, sabotage, accidents, pandemics, labor disputes or shortage, governmental laws, ordinances, rules and regulations whether valid or invalid, inability to obtain material, equipment or transportation, or any other event that makes the performance commercially impractical.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you warrant to the Company that you will not use the Services or any of the resources available for download from the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services or any of the resources available for download from the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of Tennessee and you irrevocably submit to the exclusive jurisdiction of the courts of Tennessee.
SEVERABILITY
If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement, along with the Privacy Policy [INSERT LINK TO PRIVACY POLICY] and Cookie Policy [INSERT LINK TO COOKIE POLICY] constitute the entire agreement between the User and the Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the Services. A printed version of the agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CONTACT US
STEM Launcher LLC
PO Box 22404
Knoxville, TN 37933
info@stemlauncher.com