getSTEM ™ – TERMS AND CONDITIONS OF USE
getSTEM (hereinafter “getSTEM”, “we”, “us”, or “our”) provides the getSTEM site at the URL: https://getstemprod.wpengine.com/ (hereinafter “website” or “Site”). For the purposes of these Terms and Conditions of Use, “getSTEM” means the getSTEM website at the above-noted URL, its owners and operators, the Minnesota High Tech Association, and their partners and sponsors, and the terms “you”, “your”, or “user” means the individual person or entity accessing and using this Site.
We welcome your access and use of this Site and its services, resources, and forums (generally, “services”). As consideration for your access to and use of this Site, you agree to abide by these Terms and Conditions of Use, including the Privacy Policy, which can be reviewed at the URL: https://getstemprod.wpengine.com/pages/privacy-policy.aspx. BY ACCESSING OR USING THIS SITE AND/OR THE SERVICES, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS OF USE SET FORTH HEREIN. If you do not agree to all of the Terms and Conditions of Use, please do not access or otherwise use this Site, or any of its contents or services. These Terms and Conditions of Use may be amended from time to time and without notice to the user, and we advise you to periodically review these Terms and Conditions of Use for any changes or modifications. Your continued use of this Site and its contents and services will be deemed to be your consent to any amendments to or modifications of these Terms and Conditions.
These Terms and Conditions apply to your access and use of the Site and its services and forums, regardless of whether you register as a getSTEM member. We reserve the exclusive right to terminate your access to or use of the Site’s services at any time for any reason, including, but not limited to, if we determine in our sole discretion that you have used the Site in any illegal or improper manner, provided false or misleading information, or violated these Terms and Conditions of Use.
Intellectual Property
The design of this Site and all materials published thereon, including text, names, trademarks, service marks, logos, graphics, photographs, video, or other audiovisual materials are the property of getSTEM and are protected by all applicable copyright, trademark, and intellectual property laws. getSTEM authorizes you to view and download the content portion of this Site only for your personal or non-commercial use, and only if you keep all copies, copyright and other proprietary notices contained on the original materials. You agree you may not otherwise reproduce, retransmit, reverse engineer, or distribute in any manner or to any extent whatsoever this Site, or any of its designs or content without the prior written consent of getSTEM. If you would like permission to reproduce any designs, content, or other materials on this Site, please contact us at 952.230.4555 or www.mhta.org. You will be required specifically identify the URL and design, content, or other material you wish to reproduce.
Modifications to this Site
getSTEM reserves the exclusive right to modify or terminate this Site with or without notice to you. getSTEM will not be liable to you or any third party should we exercise our right to modify or terminate this Site. Your continued use of this Site following notice modifications or changes to this Site indicates your acknowledgement of and consent to such modifications or changes.
User Conduct
You are prohibited from uploading, posting, emailing or otherwise transmitting any unlawful, threatening, libelous, defamatory, obscene, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You further agree not to upload, post, email or otherwise transmit any confidential information, trade secrets, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” any other form of solicitation, or software viruses. getSTEM reserves the right to remove, in our sole discretion, any upload or posting that violates the Terms and Conditions of Use. getSTEM moreover reserves the right to take all available and appropriate legal action to protect this Site and its contents from misuse and abuse.
Postings or Uploads to Site
By posting content, including, but not limited to, text and photographs, to this Site, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to post or upload the content, or that your use of the content is a protected fair use. You hereby agree that you will not knowingly provide content with the intent to defraud or submit misleading or false information. You further represent and warrant that the content you post or otherwise supply does not violate these Terms and Conditions of use, and you will indemnify and hold getSTEM harmless for any and all claims of any nature resulting from the content you post or supply.
You understand and agree that all content posted to this Site is the sole responsibility of the individual who originally posted the content. getSTEM in no manner warrants that we approve of any content posted to this Site by you or any other user. getSTEM also does not claim any responsibility for, and expressly disclaims any and all liability that may arise out of, content posted by you or any other user to this Site.
You agree that getSTEM has the unconditional right, in our sole discretion, to edit, alter, or remove any content submitted by you or other users to this Site.
User’s Dealings with Third Parties
If you are using this Site to correspond, deal, or otherwise establish contact with another user (“third party”), be it an individual person or entity, your correspondence, dealings or ensuing relationship with such third party or parties are solely between you and the third party or parties. YOU HEREBY AGREE THAT getSTEM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF YOUR CORRESPONDENCE, DEALINGS, OR RELATIONSHIP WITH ANY OTHER THIRD PARTY OR PARTIES, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES. IN ADDITION, YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST getSTEM ARISING OUT OF AND/OR RELATED TO YOUR CORRESPONDENCE, DEALINGS, AND/OR RELATIONSHIP WITH ANY OTHER THIRD PARTY OR PARTIES. If you are indeed accessing or using this Site to correspond, deal, or otherwise establish contact with a third party or parties, such correspondence, dealings, or contacts are solely between you and the third party or parties. YOU AGREE THAT getSTEM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY NATURE INCURRED AS THE RESULT OF ANY SUCH CORRESPONDENCE, DEALINGS, OR CONTACTS WITH ANY OTHER THIRD PARTY OR PARTIES, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES. IN ADDITION, YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST getSTEM ARISING OUT OF AND/OR RELATED TO YOUR CORRESPONDENCE, DEALINGS, AND/OR CONTACTS WITH ANY OTHER THIRD PARTY OR PARTIES.
You hereby release getSTEM, its officers, employees, agents and successors from any and all claims, demands, losses, damages, rights, and actions of any kind including, but not limited to, personal injuries, death, and property damage, that in any way is related to or arises out of (i) any correspondence, dealings, or contacts you may have with other getSTEM users, or (ii) your participation in any offline events or activities related to or arising out of your access or use of this Site.
Moreover, if you are accessing or using this Site in your capacity as an agent or representative of any entity or organization, you warrant that you will adhere to and follow any policies or procedures of your entity or organization that may apply or relate to your access or use of this Site or any correspondence, dealings, or other contacts that may arise out of your access or use of this Site.
Links to Third Party Sites
This Site may contain hyperlinks to websites operated by persons or entities other than getSTEM. Such hyperlinks are provided for your reference and convenience only. You agree not to hold getSTEM responsible for the content or operation of such websites. A hyperlink from this Site in no manner not implies or otherwise conveys that getSTEM endorses, agrees with, or otherwise warrants the content on that website. You are solely responsible for determining the extent to which you wish to access or use any content on any other websites to which you may link from this Site.
Disclaimers
YOUR ACCESS TO AND USE OF THIS SITE, ITS SERVICES, AND FORUMS, ARE AT YOUR SOLE RISK. YOU ARE SOLELY LIABLE FOR YOUR ACTIVITIES RELATED TO THIS SITE AND ITS SERVICES AND FORUMS. getSTEM IN NO MANNER WARRANTS THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS SITE, ITS SERVICES, AND FORUMS. THIS SITE, ITS SERVICES AND FORUMS, AND THEIR CONTENTS ARE PROVIDED “AS IS.” getSTEM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ARE RESPONSIBLE MUST FOR EVALUATING AND BEARING ALL RISKS ASSOCIATED WITH THE USE THIS SITE, ITS SERVICES, FORUMS, AND ANY OF ITS CONTENTS, INCLUDING YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE CONTENT. getSTEM IN NO MANNER WARRANTS THAT THIS SITE WILL BE AVAILABLE FOR ACCESS AT ALL TIMES, AND WILL NOT BE RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS YOU MAY SUFFER AS A RESULT OF YOUR INABILITY TO ACCESS THIS SITE. getSTEM IS IN NO MANNER RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, PROPERTY OR PERSON RESULTING IN ANY WAY FROM YOUR USE OF THIS SITE, ITS SERVICES, OR ITS FORUMS.
Release of Liability
YOU HEREBY AGREE TO RELEASE getSTEM AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AGENTS, AND ITS SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO YOUR ACCESS TO AND USE OF THIS SITE. YOU UNDERSTAND THAT THIS AGREEMENT DISCHARGES getSTEM AND ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AGENTS, AND SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY TO YOU IN RESPECT TO INJURY OF PERSON OR PROPERTY, INJURY TO REPUTATION, DEFAMATION, OR ANY OTHER LOSS THAT MAY RESULT AS A RESULT OF YOUR ACCESS TO AND USE OF THIS SITE, ITS SERVICES, OR ITS FORUMS.
Indemnification
You hereby agree to defend and hold harmless getSTEM and its employees, agents, officers, directors, agents, successors and assigns from and against any and all losses, liabilities, damages, claims, actions, costs, and expenses (including, but not limited to, any attorneys’ fees and costs) related to or arising out of your access to and use of this Site, its services, or its forums. getSTEM, at its sole discretion, may participate in the defense of any claim or action at your expense and any negotiations for settlement. getSTEM reserves the absolute right to assume exclusive defense and control of any claim or action, subject to indemnification by you, without relieving you of your indemnification obligations.
Savings Clause
Should any provision of these Terms and Conditions of Use be held to be unlawful, or unlawful as to any person or instance, such fact will not adversely affect the other provisions to any other person or instance, unless such illegality shall make impossible the functioning of these Terms and Conditions of Use.
Choice of Law and Forum
These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Minnesota. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your access or use of this Site will be in the state or federal courts located in the State of Minnesota. You further agree and submit to the exercise of personal jurisdiction of the state and federal courts of the State of Minnesota for the purpose of litigating any such claim or action.