“STEMLETE.ORG” is an online service operated by STEMlete, LLC (“STEMLETE”) on the World Wide Web (Web) of the Internet, consisting of certain services and content provided by STEMLETE. Note: The term “STEMlete” is a registered trademark with the United States Patent and Trademark Office.
(A) This End User Agreement (the “Agreement”), sets forth the terms and conditions that apply to use of STEMLETE.ORG by each end user thereof (“End User”). By using STEMLETE.ORG (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use STEMLETE.ORG is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User shall be fully responsible for the use of STEMLETE.ORG by any other person it permits to access STEMLETE.ORG. (B) STEMLETE shall have the right at any time to change or discontinue any aspect or feature of STEMLETE.ORG, including, but not limited to, content, hours of availability, and equipment needed for access or use.
STEMLETE shall have the right at any time to change or modify the terms and conditions applicable to End User’s use of STEMLETE.ORG, or any part thereof, or to impose new conditions, including, but not limited to, requiring user registration, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on STEMLETE.ORG, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of STEMLETE.ORG by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions, unless the End User notifies STEMLETE in writing that it has terminated this Agreement within five (5) business days of receipt by the End User of such notice, in which case the End User’s conduct shall be deemed governed by the Agreement without such changes, modifications or additions.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of STEMLETE.ORG and all charges related thereto.
End User Conduct
End User shall use STEMLETE.ORG for non-commercial [with the exception(s) of collecting online donations and/or offering online tutoring services as described in For Users], lawful purposes only. End User shall not post or transmit through STEMLETE.ORG any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without STEMLETE’s express prior approval, contains advertising or any solicitation with respect to products or services (with the exception of offering online tutoring services as described in For Users). Any conduct by End User that in STEMLETE’s discretion restricts or inhibits any other End User from using or enjoying STEMLETE.ORG will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) STEMLETE.ORG or its computer network to make unauthorized entry to any other machine accessible via STEMLETE.ORG or its computer network and (4) use of STEMLETE.ORG to advertise or perform any commercial solicitation [with the exception(s) of collecting online donations and/or offering online tutoring services as described in For Users, including, but not limited to, the solicitation of users of STEMLETE.ORG to become users of other on-line services competitive with STEMLETE.ORG]. Without limiting any other rights or remedies of STEMLETE, violations of the foregoing may result in removal of violative communications and/or early termination of the End User’s access to STEMLETE.ORG.
STEMLETE shall have the right, but not the obligation, to monitor the content of STEMLETE.ORG for the safety of its members and to report to the appropriate law enforcement authorities within or outside of the U.S. any material which is perceived to violate or infringe in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense. STEMlete implements the latest commercially available resources to promote the Internet safety of the members of the STEMlete Community.
End User should take every precaution to ensure their own safety as a member of the STEMlete Community. In particular, End User should educate themself about Internet safety by visiting the following Internet sites:
Parents / Legal Guardians of STEMlete End Users less than 18 years of should also educate themselves about Internet safety by visiting the aforementioned Internet sites.
If there are more questions or concerns regarding STEMlete.com and our commitment to Internet safety, please contact us at info@STEMlete.org.
Disclaimer of Warranty; Limitation of Liability
(A) END USER EXPRESSLY AGREES THAT USE OF STEMLETE.ORG IS AT END USER’S SOLE RISK. NEITHER STEMLETE, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, CLIENT ORGANIZATIONS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “STEMLETE PARTIES”) WARRANT THAT STEMLETE.ORG WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF STEMLETE.ORG, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH STEMLETE.ORG. (B) STEMLETE.ORG IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. (C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT STEMLETE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER. END USER SPECIFICALLY ACKNOWLEDGES THAT STEMLETE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH END USER. (D) IN NO EVENT WILL STEMLETE, THE STEMLETE PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING STEMLETE.ORG OR THE STEMLETE.ORG SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE STEMLETE.ORG. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON STEMLETE.ORG. (E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, STEMLETE, NOR THE STEMLETE PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN STEMLETE.ORG, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE STEMLETE PARTIES TO ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE STEMLETE.ORGSHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY THE END USER IN CONNECTION WITH THE END USER’S USE OF STEMLETE.ORG AND RETAINED BY STEMLETE OR (B) ONE HUNDRED DOLLARS ($100). (F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO END USER. In such jurisdictions, STEMLETE’s liability is limited to the greatest extent permitted by law.
STEMLETE shall have the right, but not the obligation, to monitor the content of STEMLETE.ORG to determine compliance with this Agreement and any operating rules established by STEMLETE and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, STEMLETE shall have the right to remove any material that STEMLETE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, particularly as they might apply to STEMLETE.ORG’s Core Values. Note: Contact STEMLETE at email@example.com for real or perceived violations of STEMlete.org Core Values or other related issues or concerns.
End User is solely responsible for their interactions with other STEMLETE.ORG members. STEMLETE.ORG reserves the right, but has no obligation, to monitor disputes between the End User and other members.
End User agrees to defend, indemnify and hold harmless STEMLETE, and its respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of STEMLETE.ORG by End User, inclusive of any claim that User Content in any way causes damage to a third party, except to the extent such claims and expenses arise directly out of the gross negligence of STEMLETE.
Either STEMLETE or End User may terminate this Agreement at any time. Without limiting the foregoing, STEMLETE shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which STEMLETE, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. All applicable provisions shall survive termination of this Agreement.
Trademarks appearing on STEMLETE.ORG are the property of STEMLETE, affiliates of STEMLETE, or their respective owners.
Third Party Content
STEMLETE is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, STEMLETE has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, End Users or any other user of STEMLETE.ORG, are those of the respective author(s) or distributor(s) and not of STEMLETE. Neither STEMLETE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to the applicable section above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through STEMLETE.ORG represents the opinions and judgments of the respective information provider, End User, or other user not under contract with STEMLETE. STEMLETE and the STEMLETE PARTIES neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on STEMLETE.ORG. Under no circumstances will STEMLETE or the STEMLETE PARTIES be liable for any loss or damage caused by an End User’s reliance on information obtained through STEMLETE.ORG. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through STEMLETE.ORG.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of STEMLETE.ORG, including, but not limited to, any supplemental terms governing the use of certain specific material contained in STEMLETE.ORG and any operating rules for STEMLETE.ORG established by STEMLETE) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia in the United States of America, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Digital Millennium Copyright Act Notice
(A) STEMLETE owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via STEMLETE.ORG by third parties not within the control of STEMLETE. It is our policy not to permit materials known by us to be infringing to remain on this site. If End User is a copyright owner or an agent thereof and believe that any User Content, or other content, infringes upon End User’s copyrights, End User may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the “DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the User Content, or other content, that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact End User, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the User Content, or other content, in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that End User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the DMCA 17 U.S.C. 512 (c), STEMLETE has designated the Chief Legal Officer and General Counsel of STEMLETE, LLC, as its agent (“Agent”) for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the STEMLETE.ORG Web site. The Agent contact information is: STEMlete, LLC. c/o Chief Legal Officer/ General Counsel, 12025 New Dominion Parkway, Suite 305, Reston, Virginia 20190. Note: Contact STEMLETE at firstname.lastname@example.org for any real or perceived Digital Millennium Copyright Act or law enforcement issues.
For purposes of clarification, solely DMCA notices should go to the Agent; all other feedback, comments, requests for technical support, and other communications should be directed as set forth at the beginning of this Agreement. End User expressly acknowledges that if End User fails to comply with all of the requirements of this section, End User’s DMCA notice may not be valid.
(B) If End User believes that End User’s User Content, or other content, that has been removed (or to which access was disabled) is not infringing, or that End User has authorization from the actual copyright owner, the copyright owner’s agent, or pursuant to law, to submit, post and make use of such User Content, or other content, End User may send a counter-notice containing the following information to the Agent: (i) End User’s physical or electronic signature; (ii) identification of the User Content, or other content, that has been removed or to which access has been disabled and the location at which the User Content, or other content appeared on STEMLETE.ORG prior to the point at which such User Content, or other content, was removed or disabled; (iii) a statement that End User has a good faith belief that the User Content, or other content, was removed or disabled as a result of mistake or a misidentification of the User Content, or other content; and (iv) End User’s name, address, telephone number, and, if available, an email address, a statement that End User consents to the jurisdiction of the federal court in Alexandria, VA (Albert V. Bryan U.S. Courthouse, 401 Courthouse Square, 2nd Floor, Alexandria VA 22314-5704), and a statement that End User will accept service of process from the party that provided notification of the alleged infringement.
If a counter-notice is received by the Agent, STEMLETE.ORG may send a copy of such counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at STEMLETE.ORG’s sole discretion.
(C) STEMLETE.ORG suggests that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims under the DMCA.
Contact STEMLETE at email@example.com for inquiries that you feel are not not addressed by these Terms of Reference.