The Site is made available to you and your child for the purpose of providing you and your child with information and certain services. All services provided by Stem Minds to you by means of your or your child’s use of the Site are hereafter referred to as the “Services”.
- Acceptance of TOU
By accessing this Site, you agree, on your own behalf and your child’s behalf, to the terms and conditions outlined in this TOU with respect to the Site. This TOU constitutes the entire and only agreement between Stem Minds and you for use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, including the Content (as defined below). You agree to review this TOU prior to using or gaining further access to the Site. Stem Minds may amend this TOU from time to time without specific advance notice to you. You can tell if this TOU has changed by checking the effective date that appears at the bottom of this TOU. Depending on the circumstances, we may also decide to send you a notice in other ways in our discretion, such as via email or other contact information you have provided that the TOU was changed. We recommend that you review this TOU prior to using the Site at any time. If you continue to use our Site after the TOU has changed or notice of the change has been given, you will be deemed to have accepted such changes.
- Copyright and Trademarks
All materials displayed or otherwise accessible through the Site, including without limitation, text, logos, graphics, photographs, images, and illustrations (collectively, the “Intellectual Property”) are protected under applicable Canadian and foreign copyright, trademark and other proprietary and intellectual property laws or other laws. You acknowledge that the Intellectual Property is the property of Stem Minds, its suppliers, partners and/or licensors or other applicable owners as the case may be. The copying, redistribution, use or publication by you or your child of any such Intellectual Property or any part of the Site, except as allowed by Section 3, is strictly prohibited.
- Limited Right to Use
Stem Minds hereby grants you (and your child, as applicable) a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to: (a) access the Site for the purpose of receiving the Services in accordance with this TOU; and (b) access, view and print any information and documentation made available on the Site, for your or your child’s personal, non-commercial and informational use only to assist you or your child in the access and use of the Site and Services. Except for the limited licenses and rights expressly granted to you in the TOU, this TOU does not grant you or your child any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Stem Minds or any third party. Stem Minds may terminate this license at any time for any reason whatsoever.
The Site may include images, text, works, audio files, sounds and other content and data that are owned by third parties (“Third Party Content”). Stem Minds is not responsible, and assumes no liability, for any Third Party Content. All content and data made available by Stem Minds through the Site, including any Third Party Content, (the “Company Content”) is owned solely and exclusively by Stem Minds and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Company Content; (b) market, sell, re-sell or make commercial use of the any Company Content; (c) systematically collect from the Site and use any Company Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Site or the Company Content.
If you or your child make any information, data or content available to Stem Minds on or through the Site, including by contacting us, or providing comments or ideas on or about the Site or the Services (“User Content”), you are deemed to grant Stem Minds non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Site without any payment or restriction. You are solely responsible and liable for any User Content you or your child make available on or through the Site. If you make User Content available, you represent that you have the right to do so. You agree that the Stem Minds may proofread, summarize or otherwise edit and/or withdraw your User Content for any reason whatsoever.
You understand Stem Minds provides the Site and Services on an “as is” and “as available” basis. Stem Minds disclaims all representations or warranties or conditions of any kind or nature whatsoever, whether express or implied, and whether arising by statute or otherwise in law, from a course of dealing or usage of trade, and including without limitation, any implied warranties or conditions, any condition or warranty of merchantability, title or non-infringement of third parties rights and any condition or warranty of fitness for a particular purpose. Further, Stem Minds does not represent or warrant that the Site will be available or meet your requirements, that access will be uninterrupted, that there will be no delays, failures or errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for maintaining adequate protection and backup of your and your child’s data, hardware and software and to take reasonable and appropriate precautions against viruses and other contaminating or destructive properties. If you are dissatisfied with the Site, the Services or with any of the terms, conditions, guidelines, practices or policies of Stem Minds in operating the Site and in providing the Services, you agree that your sole and exclusive remedy shall be to discontinue using the Site and Services.
You agree to release, indemnify, defend and hold Stem Minds and its directors, offices, employees, agents and representatives harmless from any liability, loss, claim and expense, including reasonable lawyer’s fees, related to your or your child’s violation of this TOU or improper use of the Site.
- Collection, Use and Disclosure of Personal Information
The Site is not intended for use by individuals under the age of 13, unless Stem Minds has received consent from such individual’s parent or legal guardian.
- No Harmful Use
You agree not to introduce into or through the Site any information or material which may be harmful to others. You warrant that information or material that you or your child provide to the Site electronically through your or your child’s access to or use of the Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you shall not and shall ensure your child does not:
- upload, post, transmit, publish or distribute any material or information to the Site which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of the Site;
- use the Site in such a manner as to gain unauthorized entry or access to the computer systems, networks or information of others, or attempt to gain unauthorized entry or access to any password-protected or restricted areas of the Site or Stem Minds’ computer or network systems;
- violate any law or regulation or any generally accepted Internet practice or interfere with any other Site user’s ability to use the Site and any of the services or products provided on the Site;
- forge, alter or modify in any way any of the agreements, policies or other information posted or accessible within the Site;
- transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable or that may invade another’s right of privacy; or
- delete or revise any material posted by any other person or entity.
- Termination of Site Use
Stem Minds may terminate this TOU and your or your child’s use and access of the Site if you fail to comply with any provision of this TOU. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of this TOU. Stem Minds shall not be required to refund to you any amounts prepaid, if any, for use of the Site if Stem Minds has terminated your (or your child’s account) or your (or your child’s) use of, or access to, the Site for breach of this TOU. Stem Minds may also terminate your or your child’s access to the Site without notice at any time for any reason whatsoever, and any fees or charges paid by you in advance, if any, shall be refunded on a pro rata basis.
- Third-Party Websites
This TOU is the entire agreement between Stem Minds and you regarding your and your child’s access to and use of the Site. Stem Mind’s failure to insist upon or enforce any provision of this TOU shall not be considered a waiver of such provision or of the right to enforce such provision. If any part of this TOU is determined to be void, invalid or unenforceable, the remaining parts will not be affected and will remain in full force and effect. To the extent that anything in or associated with, the Site is in conflict or inconsistent with this TOU, this TOU shall take precedence. The Site is administered by Stem Minds from Ontario, Canada. The laws of the Province of Ontario and the applicable federal laws of Canada shall govern this TOU and you agree to attorn to the exclusive jurisdiction of the Province of Ontario to determine any dispute arising in relation to this TOU. You and Stem Minds agree that this TOU and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
- Electronic Documents
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement.
The provisions of this section and sections 2, 4, 5, 6, 9, 11, 12, and 13 of this TOU shall survive the expiry or termination of this TOU for any reason.
If you have any questions or comments about this TOU, please contact us at [email protected] Company may provide notices or communications to you on the Site and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
Effective Date: August 1, 2020