TERMS AND CONDITIONS
Effective Date: December 1, 2020
These Terms may be amended or modified by us at any time, with or without notice, by posting the revised version or otherwise communicating it to you through the Services. Your continued use of any part of the Services constitutes acceptance to any such updated version. It is therefore essential that you consult these Terms at the time of accessing the Services, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you used the Services or reviewed these Terms. Please refer to the “Effective Date” or “Last Updated” date at the beginning of this document when reviewing these Terms for updates.
CREATING AN ACCOUNT
In order to access certain features of and utilize the Services, you must create an account (“User Account”). You must complete the registration process by providing us with current, complete and accurate information as prompted in the applicable registration form, and you must keep that information current. To create a User Account, you must be a legal resident of the United States and at least 18 years of age or the age of majority in your state of residence at the time of registration. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or use our Services.
You must safeguard your password and otherwise supervise the use of your User Account. You understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify Arena STEM immediately of any unauthorized use of your User Account. Your User Account is non-transferable and may not be sold, combined or otherwise shared with any other person or business.
If you violate any of these Terms, we may terminate any or all of your User Accounts. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Services or in under your User Account, your User Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Services.
YOUR PERMITTED USES
The Services are the private property of Arena STEM. Subject to the terms and conditions of these Terms, Arena STEM grants you the non-transferable, nonexclusive, revocable, limited license to access and use the Services without any right to re-license, sublicense, distribute, assign or transfer such rights. Arena STEM reserves all rights not expressly granted in these Terms. Your uses of the Services must be lawful and must comply with these Terms. To the extent your conduct (as judged by us in our sole discretion) violates these Terms, we may limit your privileges on the Services and seek other remedies, which include, but are not limited to, terminating your User Account and use of the Services and retaining all fees paid to us by you for the Services. As a condition of your use of the Service, you agree that:
You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from or otherwise connected to our Services;
You will not reverse engineer, decompile or modify Services, in whole or in part or otherwise use the Services or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Services;
You will not tamper or interfere with the proper functioning of the Services or any part, page or area of the Services, including any manner that could damage, disable, overburden or impair the Services, or attempt to transmit any “virus,” “trojan horse” or other software destruction or disruption device;
You will not attempt to scan or test the security or configuration of the Services or to breach security or authentication measures without proper authorization;
You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Services; and
You will not submit any purposely inaccurate information, commit fraud or falsify information in connection with your User Account;
You will maintain sufficient funds in your financial account to cover the amount of your purchases through our Services;
You will not aggregate any content or other information from the Services (whether using links or other technical means or physical records associated with purchases made through the Services) with material from other sites or on a secondary site without our express written permission;
You will not violate the copyright, trademark, service mark or other intellectual property rights of Arena STEM or any third party in connection with your use of the Services; and
You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while you are using or accessing the Services.
AVAILABILITY OF THE SITE
You agree that from time to time we may modify or remove the Services, including any features therein, for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance. Arena STEM reserves the right to terminate your User Account and/or to prevent you from using or accessing the Services at any time, for any reason and at Arena STEM’s sole discretion. Arena STEM retains the right to determine the content, appearance, design, functionality and all other aspects of the Services. We shall not be liable to you or any third party should we exercise this right.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Although we strive for accuracy in all elements of the Services, it may contain errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Services is inaccurate at any time without prior notice. Although we make reasonable efforts to prevent tampering with the Services, we do not guarantee that our efforts will always be successful. Arena STEM is not responsible for your reliance on any information or content found on the Services, and Arena STEM makes no representations about the accuracy, reliability, completeness, or timeliness of the Services or information thereon, and is not responsible for the conduct, whether online or offline, of any person using the Services, including any person’s violation of these Terms.
All payments are due at the time of order placement. You represent and warrant that (i) the credit card information you supply to Arena STEM is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If you fail to fulfill these terms of payment, Arena STEM may defer or suspend shipments to you or, at Arena STEM’s option, cancel the unshipped portion of your order.
Links to third party websites or platforms through the Services are provided solely as a convenience to you. Arena STEM is not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such third party content and we make no warranty as to the accuracy of any such information. Arena STEM does not control and is not responsible for any third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Arena STEM does not endorse or make any representations about third-party websites, platforms or any information, software or other products, services, or materials found there, or any results that may be obtained from using them.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER ARENA STEM NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICES OFFERED THROUGH THE SITE OR (D) THE SERVICES BEING FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SERVICES SOLD ON THE SERVICES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARENA STEM HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARENA STEM OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR USE OF ANY PRODUCT THROUGH THE SERVICES, THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS, ANY FAILURE OF TELECOMMUNICATION PROVIDERS, LOSS OF DATA OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF ARENA STEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you as determined by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ARENA STEM FOR CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (US$250.00) OR THE AMOUNT YOU PAID FOR SERVICES DURING THE THREE (3) MONTHS PRIOR TO SUCH CLAIM. YOU ACKNOWLEDGE THAT ARENA STEM WOULD NOT PROVIDE ACCESS TO THE SERVICES IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THESE TERMS. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold us (including our employees, directors, agents, affiliates, and representatives) harmless from and against any and all claims, demands, action, suits, investigation, audit, inquiry or other proceeding brought by a third party, and associated costs, losses, damages, liability, penalties, interest and expenses (including attorneys’ fees) that arises out of or relates to your actual or alleged violation of these Terms or the use of the Services through your User Account.
If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
If you have any questions about these Terms, please contact Customer Services by emailing us at email@example.com or writing to:
Arena STEM USA, LLC
Attention: Customer Services
6 Liberty Square
Boston, MA 02109