Terms of Use
Last Modified: August 29, 2022
Acceptance
These Terms of Use are an agreement between you and The S.T.E.M. Greenhouse, a Michigan nonprofit corporation (“STEMGH”). These Terms govern your access to and use of the Website. By using the Website, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not abide by these Terms, you may not access or use the Website. IF YOU ARE LESS THAN 13 YEARS OF AGE, YOU AGREE NOT TO ENTER OR UPLOAD ANY INFORMATION ON THE WEBSITE.
Definitions
“Privacy Policy” means [stemgreenhouse.org/privacy-policy], which is incorporated by this reference.
“Related Persons and Organizations,” in reference to STEMGH, means our members, affiliates, licensors, and service providers, and our and their respective members, owners, directors, officers, employees, contractors, agents, advisors, representatives, successors, and assigns, as applicable in each case.
“Terms” means these Terms of Use.
“We,” “us,” and “our” (whether or not capitalized) refer to STEMGH.
“Website” means STEM Greenhouse – (https://stemgreenhouse.org/) and all its content, features, functions, services, software, and source code.
Changes
Changes to these Terms. We may update these Terms from time to time in our sole discretion. The Terms shall be effective as of the day of posting and retroactively to the first date in which the STEMGH website was published for public use. I acknowledge these terms govern my past and present use of the website. All subsequent changes are effective upon posting. Your continued use of the Website following the posting of updated Terms means that you agree to and accept the changes to the Terms.
Changes to the Website. We may update or delete Website content at any time in our sole discretion without notice, but we are under no obligation to do so. We may alter or disable any feature or function of the Website at any time in our sole discretion without notice. STEMGH is not required to provide any notification of changes to the Terms other than listing the latest modification date, as a user you should check frequently if the Terms have been modified.
Access
Prerequisites. To use some of the features of the Website, you may be asked to provide personal identifying information or other information. If you provide information to us, you warrant that it is accurate. All information you provide is governed by our Privacy Policy. You consent to all actions we take with respect to your information consistent with our Privacy Policy.
Right to Terminate. We reserve the right to take down the Website or any portion of it, or to suspend or terminate your access to the Website, at any time without notice in our sole discretion.
Prohibited Uses
No Unlawful Use. You may not to use the Website in any way that: (a) is in breach of these Terms; (b) violates applicable law or regulations; or (c) in our opinion, would harm STEMGH or users of the Website or expose STEMGH to liability.
No Interference. You may not directly or indirectly: (a) attempt to interfere with the proper working of the Website; (b) interfere with anyone else’s use of the Website; (c) introduce any virus, Trojan horse, worm, logic bomb, or other harmful code; (d) attempt to gain unauthorized access to the Website; or (e) carry out or attempt a denial-of-service attack or other cyberattack on the Website.
Consequences of Breach. If you breach these Terms, your right to use the Website is automatically revoked, and we reserve the right to pursue any and all remedies available at law, in equity, or hereunder. You acknowledge that our remedies for breach are cumulative, not exclusive.
Intellectual Property Rights
Ownership. The Website and all intellectual-property rights therein are owned by us or our Related Persons and Organizations and are protected under United States and foreign law, including copyright and trademark laws. All rights not expressly granted hereunder are reserved. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Website or any part of it without our express written consent, which may be requested by email to info@stemgreenhouse.org.
Trademarks. The term “STEM Greenhouse” and related logos, names, designs, and slogans (collectively, our “Trademarks”) are trademarks of STEMGH. All other logos, names, designs, and slogans on the Website are the trademarks of their respective owners. You must not remove or alter any copyright notice, trademark notice, or other proprietary rights notice on the Website or any part of it.
Permission to Use Name and Likeness. As a user, I consent to the use of my name, statement, and/or image on the website if I am a STEMGH participant, affiliated with a participant, an employee, staff members, or volunteer, or an affiliate of STEMGH.
Third-Party Content
The Website contains content provided by third parties, such as personal narratives, stories, articles, and commentary. Opinions and statements set forth in third-party content are solely those of the author and do not necessarily reflect the opinions or factual understandings of STEMGH. You acknowledge that we are not responsible or liable for content provided by third parties.
Information About You and Your Visits to the Website
All information we collect on or by way of the Website is subject to our Privacy Policy. By using the Website, you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Purchases and Donations
Purchases and donations made through the Website are final and nonrefundable. Additional terms may apply as provided by the third-party web servicer.
Links
Links to the Website. You may link to the Website, provided that doing so does not: (a) damage or take unfair advantage of our reputation; (b) suggest approval or endorsement by us or suggest any association with us without our express written consent; or (c) cause the Website or any portion of it to appear to be part of another website, such as by framing, deep linking, or in-line linking.
Links on the Website. The Website contains links to other websites or resources provided by third parties; such links are for your convenience only. We have no control over third-party websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to on the Website, you do so entirely at your own risk and subject to the terms of the third-party websites.
The Website may use third-party resources in providing content on STEMGH including, by not limited to, donorbox.org, printful.com, constantcontact.com, and dropshipper.com. STEMGH does not have control over these third-party resources and users should review the third-party’s website for terms and conditions of use.
Geographic Restrictions
STEMGH is based in Michigan, U.S.A. We make no claim that the Website or its content are appropriate in other jurisdictions. If you access the Website from outside Michigan, you are responsible for complying with applicable law and regulations. If accessing or using the Website would be unlawful in your location, you must not do so.
Disclaimer of Warranties
THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. NEITHER STEMGH NOR ITS RELATED PERSONS AND ORGANIZATIONS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SECURITY, RELIABILITY, QUALITY, ACCURACY, COMPLETENESS, OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, NEITHER STEMGH NOR ITS RELATED PERSONS AND ORGANIZATIONS REPRESENTS OR WARRANTS (a) THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (b) THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, (c) THAT THE WEBSITE OR THE SERVER THAT HOSTS IT ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS, OR (d) THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, STEMGH HEREBY DISCLAIMS ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, STEMGH AND ITS RELATED PERSONS AND ORGANIZATIONS ARE NOT LIABLE FOR DAMAGES OF ANY KIND (REGARDLESS OF LEGAL THEORY) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, INCLUDING (a) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (b) DAMAGES BASED ON PERSONAL INJURY, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, OR (c) DAMAGES BASED ON LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS, LOSS SAVING, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND EVEN IF THE HARM WAS FORESEEABLE. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Time Limit to File Claims
ANY LEGAL SUIT, ACTION, OR PROCEEDING BASED ON OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnification
You will indemnify, defend, and hold STEMGH and its Related Persons and Organizations harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your actions or omissions, including your User Contributions, any breach of these Terms, and any violation of applicable law or regulations.
Copyright Policy
Notification. If you believe any materials on the Website infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S. Code § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the written notice is accurate; and (f) a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is:
Copyright Agent
STEM GREENHOUSE
PO Box 8571
Kentwood, MI 49518
info@stemgreenhouse.org
Consequences of Noncompliant Notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you are liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above in conformance with Section 512(g)(3) of the DMCA. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. If you knowingly materially misrepresent that material on the Website was removed or disabled by mistake or misidentification, you are liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Consequences of Infringement. It is our policy in appropriate circumstances to block users who are repeat infringers. In the event of infringement, we reserve the right to pursue any and all remedies available at law, in equity, or hereunder, and you acknowledge that our remedies for infringement are cumulative, not exclusive.
General Terms
Entire Agreement. These Terms constitute the sole and entire agreement between you and us regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Interpretation. The conjunction “or” is not exclusive. The term “any” implies “all” and vice-versa to achieve the broadest possible interpretation. The verb “include” in any form is deemed to be followed by the words “without limitation” to achieve the broadest possible interpretation. The terms “hereby,” “hereof,” “hereunder,” and the like refer to these Terms.
Governing Law and Jurisdiction. All matters relating to these Terms or the Website (including all disputes or claims, whether contractual and noncontractual in nature) shall be governed by the internal laws of the State of Michigan without giving effect to any choice- or conflict-of-law provision or rule, whether of the State of Michigan or any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located, in each case, in Kent County, Michigan, and you hereby consent to personal jurisdiction in such courts and waive any objection regarding venue.
Waiver. No waiver of any provision of these Terms is valid unless in writing and signed by the party against whom the waiver is sought to be enforced. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision. A failure or delay in exercising any right or remedy hereunder does not constitute a waiver of such right or remedy.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be removed or limited in effect, but only to the extent needed to cure the defect. All remaining provisions of these Terms will continue in full force and effect.
Comments or Questions
The Website is operated by STEMGH. Comments or questions about the Website may be sent to info@stemgreenhouse.org
