Terms of Service
Thank you for your interest in using the online educational resources offered by AppleSTEM and offered through its website located at applestemhomeschool.com (AppleSTEM site). These Terms of Use ("Terms") are a legal agreement between You and AppleSTEM and govern your use of the AppleSTEM online educational resources and the AppleSTEM Site. Please read these Terms carefully. By using the AppleSTEM site, you are stating that you have read and understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the AppleSTEM site. You agree that these Terms incorporate and include AppleSTEM's Privacy Policy at www.applestemhomeschool.com/privacy and that AppleSTEM may use any information AppleSTEM obtains about you in accordance with the provisions of the Privacy Policy.
Your Responsibilities. You agree that you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the AppleSTEM site and for paying all charges related thereto; and you agree not to use the AppleSTEM site to do any of the following:
- violate any third party rights or any local, state, national, or international law or regulation;
- transmit or create any materials that are abusive, harassing, tortious, defamatory, libelous, or invasive of another's privacy;
- transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- interfere with or disrupt the AppleSTEM site or servers or networks connected to the AppleSTEM site, or disobey any requirements, procedures, policies, or regulations of networks connected to the AppleSTEM site.
Feedback. If you choose to provide technical, business or other feedback to AppleSTEM concerning any aspect of the AppleSTEM site or any AppleSTEM products or services (collectively, "Feedback"), AppleSTEM will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by AppleSTEM of Feedback into any of its products or services does not grant you any proprietary rights therein.
Termination and Suspension. Without limiting other remedies, AppleSTEM may terminate or suspend your AppleSTEM website access and/or use of any part of the AppleSTEM website without notice if AppleSTEM determines, in its sole and absolute discretion, that you have violated these Terms or have engaged in any conduct that AppleSTEM believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of AppleSTEM, any other AppleSTEM subscriber, or any third party.
Modifications to Terms. AppleSTEM may, in its sole and absolute discretion, change these Terms from time to time. If you login to the AppleSTEM site after a change to these Terms of Use, we will advise you of the change. If you object to any such changes, your sole recourse will be to cease using the AppleSTEM website. Continued use of the AppleSTEM site following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications to AppleSTEM site. AppleSTEM reserves the right to modify or discontinue the AppleSTEM site with or without notice to you.
Username, Password and Security. You are responsible for maintaining the confidentiality of your Applestem site username and/or password, and you are solely responsible for all activities that occur under your username and/or password. You agree to immediately notify AppleSTEM at info@applestemhomeschool.com of any unauthorized use of your username or password or any other breach of security related to the AppleSTEM site. AppleSTEM reserves the right to require you to alter your username or password if AppleSTEM believes that your username or password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your username or password.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE APPLESTEM SITE IS AT YOUR SOLE RISK. THE APPLESTEM SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLESTEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLESTEM SITE AND ALL PARTNER SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). YOU ACKNOWLEDGE THAT ACCESS TO DOCUMENTS AND FILES STORED BY YOU OR OTHERS ON THE APPLESTEM SITE IS NOT GUARANTEED AND THAT APPLESTEM WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE APPLESTEM SITE OR ITS UNAVAILABILITY. YOU UNDERSTAND AND AGREE THAT ANY DATA, SERVICES AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLESTEM SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPLESTEM OR THROUGH THE APPLESTEM SITE WILL CREATE ANY WARRANTY FROM APPLESTEM NOT EXPRESSLY MADE HEREIN.
UNDER NO CIRCUMSTANCES WILL APPLESTEM OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE APPLESTEM SITE.
IF, NOTWITHSTANDING THESE TERMS OF USE, APPLESTEM IS FOUND TO BE LIABLE, LIABILITY OF APPLESTEM AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
Disclaimer of Warranties. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that AppleSTEM may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of AppleSTEM's liability will be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless AppleSTEM and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. AppleSTEM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with AppleSTEM's defense of such claim.
Trademarks. "AppleSTEM" and the AppleSTEM logo, and certain other names, logos, and materials displayed on the AppleSTEM site, might constitute trademarks, trade names, or service marks ("Marks") of AppleSTEM or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with AppleSTEM or those other entities.
Copyrights; Restrictions on Use. All content on the AppleSTEM site (the "Content"), including without limitation, the text and images, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by AppleSTEM or its licensors. Other than with respect to your own User Submissions, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of AppleSTEM and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
Miscellaneous. These Terms, together with any additional terms to which you agree when using particular elements of the AppleSTEM site (e.g., terms relating to the payment of fees for certain AppleSTEM site content or services), constitute the entire and exclusive and final statement of the agreement between you and AppleSTEM with respect to the subject matter hereof, and govern your use of the AppleSTEM site, superseding any prior agreements or negotiations between you and AppleSTEM with respect to the subject matter hereof. These Terms and the relationship between you and AppleSTEM will be governed by the laws of the State of Illinois as applied to agreements made, entered into, and performed entirely in Illinois by Illinois residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the AppleSTEM site will be brought in the Federal or State courts located in Cook County, Illinois, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of AppleSTEM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of AppleSTEM and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the AppleSTEM site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the AppleSTEM site.
These Terms were last modified on June 16, 2015.