NSTEM is a program of Seaside Sustainability, Inc. (“SSI”), a Massachusetts non-profit corporation. The term “NSTEM” in these Terms refers collectively to the NSTEM program, SSI, and their respective officers, directors, employees, agents and contractors.
Trademarks and Other Intellectual Property
The contents of the Site are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, images, logos, button icons, software code, or other material. You may not use the name of the National STEM Honor Society or NSTEM or the NSTEM logos for any promotional or commercial purpose or any other purpose without the prior written consent of NSTEM.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any NSTEM server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of NSTEM, including any NSTEM account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or NSTEM’s systems or networks, or any systems or networks connected to the Site or to NSTEM.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to NSTEM on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms.
Registration and Password
If you have a password for access to non-public areas of the Site, you are solely responsible for maintaining the confidentiality of that password. You are responsible for all use associated with your password and your account. You agree to immediately notify NSTEM of any unauthorized use of your password or account or any other breach of security.
Termination of Account
NSTEM reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to immediate termination of your registration with the Site or ability to access the Site and/or any other service provided to you by NSTEM, upon any breach by you of these Terms or if NSTEM is unable to verify or authenticate any information you submit to the Site for registration. NSTEM shall not be liable to you nor any third party for any termination of your account or access to the Site.
Waiver of Liability
NEITHER NSTEM NOR ANY THIRD PARTIES MENTIONED ON THE SITE WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NSTEM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NSTEM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS APPEARING ON THE SITE.
THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NSTEM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
NSTEM DOES NOT WARRANT THAT THE SITE WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NSTEM IS NOT RESPONSIBLE FOR THOSE COSTS.
Links to Other Sites
The Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by NSTEM of the third-party or the contents of such third-party websites. NSTEM is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such sites.
Risk of Loss
If you purchase physical items from the Site, the risk of loss and title for such items passes to you upon our delivery of the items to the carrier.
You agree to indemnify, and hold harmless NSTEM from and against any claims, actions or demands, including without limitation reasonable legal fees, arising from your use of the Site or your violation of the Terms.
The Site is intended for use only by individuals in the United States, and the information on the Site is only for such persons. If you access the Site from outside the United States, you do so at your own risk. You agree to comply with all applicable local rules and laws regarding the transmission of personal and/or technical data exported from the United States or the country in which you reside.
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of NSTEM, and its successors and assigns whether by merger, consolidation, or otherwise. If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term.
Effective Date: November 30, 2019