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Terms and Conditions

Customer License Terms and Conditions

These Customer License Terms and Conditions (these “Terms”) are a legally binding agreement between Accelerate Learning, Inc. d/b/a STEMscopes (“ALI”) and the customer (“Customer”) entering into an order (the “Order”) that references these Terms. In the event of any conflict between these Terms and the terms and conditions elsewhere in the Order, these Terms will supersede and govern as between ALI and Customer.

License and Permitted Use:

Subject to Customer’s continued compliance with these Terms and the Order, ALI grants Customer a nonexclusive, nontransferable, and nonassignable license during the term of the relevant order to use (and grants Customer’s authorized students access to use) the digital, print, and hands-on platforms and materials provided by ALI or its designated distributor (collectively, the “STEMscopes Content”) solely for its internal educational purposes. Customer is responsible for its and its employees’, contractors’, and users’ compliance with these Terms. Customer may not directly or indirectly (a) sell, resell, sublicense, disclose, assign, transfer, or otherwise make the STEMscopes Content available to any third party other than its authorized users; (b) access or use the STEMscopes Content for any purpose other than its internal educational purposes; (c) decompile, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the STEMscopes Content; (d) copy, mirror, frame, modify, or create derivative works based on the STEMscopes Content; or (e) transmit any viruses, malware, or other malicious code using the STEMscopes Content or otherwise interfere with, disrupt the integrity or performance of, or attempt to gain unauthorized access to the STEMscopes Content or any related systems or networks.

Ownership:

The STEMscopes Content is licensed, not sold, to Customer. As between Customer and ALI, ALI retains all rights, title, and interest in and to the STEMscopes Content and any translations or other derivative works based thereon, including any corresponding copyrights, trademarks, trade secrets, and other intellectual property rights. Nothing herein will be deemed to convey any rights, title, or interest in any such rights to Customer. Periodically, the STEMscopes program is enhanced, improved, and made current against changes in science, customer feedback, or changes in specific state standards. Additionally, 3rd party content may be replaced to improve and keep current/relevant as needed throughout the term of the agreement.

Product Returns/Exchanges:

There are no refunds or cancellations for online products. Print or kit materials damaged upon delivery may be returned for replacement by ALI’s distributor.

User Information:

ALI reserves the right to collect and store all user information for district reporting. ALI may aggregate or otherwise de-identify user information such that it cannot be used to identify any individual (“Aggregated Data”). ALI may retain, use, and disclose such Aggregated Data for any reason and to any third parties whatsoever.

Liability and Disclaimer:

ALI PROVIDES THE STEMSCOPES CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES (EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. ALI DOES NOT GUARANTEE THAT THE STEMSCOPES CONTENT WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ACCURATE, COMPLETE, OR ERROR-FREE. ALI IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. IN NO EVENT WILL ALI BE LIABLE FOR (A) ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR INDIRECT DAMAGES, EVEN IF WARNED OF THE POSSIBILITY THEREOF; OR (B) ANY AGGREGATE AMOUNT EXCEEDING THE AMOUNTS PAID BY CUSTOMER TO ALI (DIRECTLY OR INDIRECTLY) FOR THE STEMSCOPES CONTENT IN THE PRIOR SIX (6) MONTHS, IF ANY.

Term:

Customer’s license under these Terms will terminate upon the expiration of the applicable Order. In addition, ALI may terminate Customer’s license or suspend Customer’s access to the STEMscopes Content (in whole or in part) if Customer or its employees, contractors, or users materially breach any of these Terms.

Terms of Service

The materials found on this Website are copyrighted and trademarked as the property of Accelerate Learning, Inc. Copyright Accelerate Learning, Inc., 2007. All rights are reserved.

No part of these pages, either text or images, may be used for any purposed other than those expressly permitted below and no part of the Website may be reproduced, modified, stored in a retrieval system or retransmitted, in any form or by any means, electronic, mechanical or otherwise except as expressly permitted below whether in hard copy or electronically without the express written permission of Accelerate Learning, Inc.

All Authorized Users have been provided with a valid login (username and password) for the purpose of accessing the website and the website content. All such login information must be kept confidential and may only be used by User under the terms of this agreement. User is responsible for maintaining the security and confidentiality of all login Information, and for preventing access to the website and/or the website content by unauthorized persons. Sharing of login information with non-authorized users is specifically prohibited.

User acknowledges that ownership of this website and the website content including all intellectual property or other proprietary rights therein shall remain with Accelerate Learning, Inc.. User agrees that any and all use of he website or website content by user is governed by and shall be in compliance with United States trademark and copyright laws. Nothing in this Agreement shall be construed to give user ownership in the website or the website content. User acknowledges that user has no right to use the website or website content other than as set forth in this agreement. All rights no expressly granted are reserved to Accelerate Learning, Inc.

Authorized Users may only use the website for the purpose of providing classroom instruction on the paid user’s campus. Authorized users may freely reproduce website materials (including but not limited to teacher and student guides) for classroom use in classes taught on the premises of the paid user’s school so long as the school’s membership fee is paid in full for the current year. Specifically prohibited is the sharing of any materials found on this website with teachers or others who are not employees of the paid user’s school whether or the materials are not being are used for educational or classroom use.

All other entities or persons other than employees of schools that are paid users during the current year, whether public or private, educational or non-educational, MUST obtain written approval from Accelerate Learning, Inc. to reproduce or use materials found on this website and will be required to enter into a license agreement that may invoice the payment of a licensing fee or a royalty fee. A limited use written agreement may be granted for school district science supervisors to evaluate the website and website content for use by their district’s schools.

For additional information or limited access to evaluate the Website for potential use by your school or district, please contact Javier Encinas, Vice President of Marketing, Accelerate Learning, Inc.

Disclaimer

All of the information provided on this website is believed to be accurate and reliable; however, Accelerate Learning, Inc. assumes no responsibility for any errors that may appear. Further, Accelerate Learning, Inc. assumes no responsibility for the use of the information provided. Accelerate Learning, Inc. specifically disclaims any and all liability for any claims or damages that may result from providing the information contained on the site, including any websites maintained by third parties and linked to this website. The inclusion of links from this site does not imply endorsement by Accelerate Learning, Inc.. Accelerate Learning, Inc. makes no effort to independently verify, and does not exert editorial control over, information on pages outside of the www.stemscopes.com domain.

Cookies and Information Collected on this Website

For login and site access purposes we assign each site visitor a cookie, a standard feature found in browsers. The cookie does not actually identify the visitor, just the computer that a visitor uses to access our site. We do not collect personally identifiable information on this website.

IP Addresses

Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our sites. (Your IP address is a number that lets computers attached to the internet know where to send you data – such as the web pages you view.) Your IP address does not identify you personally. NOTE: The Web is evolving. If we change our privacy and or terms of service policies, we will post changes here.

Last updated: May 30, 2014

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