TERMS OF USE

 

Last Updated: October 6, 2016

Intellection Institution Inc. (“Intellection Institution,” “we,” “us,” or “our”) welcomes you.  We invite you to access and use our online services (the “Services”) which are made available to you through our website located at http://intellectionnj.com/  (the “Website”).

We provide our Services to Visitors, Students, Mentors, Schools and Sponsors (as defined below) subject to the following Terms of Use, which may be updated by us from time to time without notice to you.  By browsing the public areas of the Website and/or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”).  If you do not agree to any of these terms, then please do not use the Services. 

By signing up, accessing, and/or using the Services: (i) each School (as defined below) is agreeing to the terms of our Privacy Policy and the accompanying agreement with the School; (ii) each Mentor (as defined below) is agreeing to the terms of our Privacy Policy and the accompanying agreement with the Mentor; and (iii) each Sponsor (as defined below) is agreeing to the terms of our Privacy Policy and the accompanying agreement with the Sponsor.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

1.     DESCRIPTION AND USE OF SERVICES

Intellection Institution provides tools, opportunities and support services to students pursuing education in the field of Science, Technology, Engineering, Arts, and Mathematics (“STEAM”) to help them succeed at the highest level. Through the Services, Intellection Institution makes available a variety of academic enrichment initiatives, such as scholarships, job opportunities, after school programs, and resource donations to students in STEAM fields.

We provide Visitors, Students, Mentors, Schools, and Sponsors with access to the Website and the Services as described in this Agreement.

Visitors.  Visitors, as the term implies, are people who do not login to the Website or register with us, but want to look around and see what the Services are all about.  Visitors can: (i) view all publicly-accessible content; and (ii) e-mail us. 

Students. Students are students pursuing STEAM education who register to use our Services. Login may be required for all Students. Students can do all the things that Visitors can do, and can: (i) upload biographical data and other content regarding their project (collectively, “Student Generated Content”); (ii) interact with their Mentors; and (iii) communicate and interact with Intellection Institution and Sponsors. Students under 13 years of age may use our Services only through a Nest Account as described below. 

Mentors.  Mentors are individuals who would like to serve as mentors to the Students. Login may be required for all Mentors. Mentors can do all the things that Visitors can do, and can: (i) schedule appointments to meet Students; and (ii) communicate and interact with Students, Intellection Institution, Sponsors and Schools. As notes above, Mentors’ access to and usage of the Services is governed by the agreement with the Mentor.

Schools.  Login may be required for all Schools. Schools can do all things that Visitors can do, and can: (i) distribute goods and services provided by Intellection Institution to the student’s enrolled in the School; (ii) provide additional counseling to student’s enrolled in the School; and (iii) communicate and interact with Intellection Institution, Sponsors, Mentors and Students. As noted above, Schools’ access to and usage of the Services is governed by the agreement with the School.

Sponsors. Sponsors are the lifeblood of the Services, as they make the contributions to sponsor a project, as well as other initiatives, contests and career fairs. As noted above, Sponsors’ access to and usage of the Services is governed by the agreement with the Sponsor.

Although we encourage people to use our Website and the Services, we are under no obligation to accept any individual and/or organization as a Student, Mentor, School or Sponsor, and may accept or reject any registration in our sole and complete discretion at any time.   

2.     DONATIONS

You can make a donation through the Website. We may use a third party payment processor (“Third Party Payment Processor”) to process your payment in connection with such donation. You warrant and represent that you are the valid owner or an authorized user of the credit card you provide in connection with any donation, and that all such information is accurate. Any information that you submit in connection with such donation will be submitted to such Third Party Payment Processor and will be subject to the privacy policy and terms of use of such Third Party Payment Processor. You may also make donations via wire transfer and check by contacting us at aditya@intellectionnj.com.

3.     RESTRICTIONS

The Services are available for individuals aged 13 years or older.  If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

4.     USE OF YOUR PERSONAL INFORMATION

Your use of the Website and/or the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of Personal Information are governed according to our Privacy Policy (located at http://intellectionnj.com/privacy-policy/) which is hereby incorporated by reference in its entirety. 

5.     COMMUNITY GUIDELINES

Intellection Institution’s community, like any community, functions best when its users follow a few simple rules.  By accessing the Website and/or using the Services, you hereby agree to comply with these community guidelines (the “Community Guidelines”) and that: 

  • You will not use the Services for any unlawful purpose;
  • You will not submit false or misleading information, or submit or offer any donation, that you do not intend to honor;
  • You may not use the Services to engage in any commercial activities, including, without limitation, advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not access the Website or use the Services to collect any market research for a competing business;
  • You will not upload, post, e-mail, transmit, or otherwise make available any content that:
    • is false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch” offer;
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
    • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, or invasive of another’s privacy; promotes violence; constitutes hate speech; or endorses or opposes a political official or candidate;
    • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information; 
  • You will not “stalk” or otherwise harass another;  
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not cover, obscure, block, or in any way interfere with any safety features (e.g., report abuse button) on the Website;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; 
  • You will not use any automated device or software that enables the submission of automatic postings on the Website without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
  • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means. 

Please let us know about inappropriate content.  If you find something that violates our Community Guidelines, please let us know, and we’ll review it.  We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Services, without notice, and to remove any content that does not adhere to these guidelines.

6.     SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS; NEST ACCOUNTS

In order to use the Services, you must complete the registration process. During the registration process, we may ask you to create an account, which includes a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”).  When creating your account, you must provide true, accurate, current, and complete information.  If you are creating Nest Accounts for children under the age of 13, you will need to provide the names, ages, and e-mail address for each Nest Account holder. You are responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers.  You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier.  We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. 

If you are under 13 years of age, your parent or legal guardian must sign up as a registered user and setup a nest account for you (“Nest Account”). Each registered user who sets up a Nest Account (1) represents and warrants he/she is the parent or legal guardian of the beneficiary of the Nest Account and that all registration information submitted for the beneficiary of the Nest Account is truthful and accurate, including, without limitation, the date of birth of the beneficiary of the Nest Account; (2) is responsible for updating and maintaining the accuracy of such information; (3) is responsible for managing the Nest Account(s) established by such registered user; (4) understands that information provided to us regarding the beneficiary of the Nest Account will be used by us in accordance with our Privacy Policy http://intellectionnj.com/privacy-policy/ which is hereby incorporated by reference herein.  Once the beneficiary of a Nest Account becomes 13 years old, the Nest Account and all Student Generated Data associated with it may be migrated to such beneficiary’s own Student account only after the registered user who established the Nest Account consents to such migration.

7.     INTELLECTUAL PROPERTY   

The Website and the Services contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Intellection Institution (collectively referred to as the “Content”).  The Content may be owned by us or by third parties.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates, and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Intellection Institution (“Intellection Institution Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Intellection Institution.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Intellection Institution Trademarks, the “Trademarks”).  Nothing on the Website or Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of Intellection Institution Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.  None of the Content may be retransmitted outside the Website without our express, written consent for each and every instance.

8.     COMMUNICATIONS TO US; STUDENT GENERATED CONTENT

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information.  With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information, without compensation to you.

 As noted above, the Services provide Students the ability to post and upload Student Generated Content.  You expressly acknowledge and agree that once you submit your Student Generated Content for inclusion into the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Student Generated Content, including, without limitation, any personally identifying information that you may make available.  YOU, AND NOT INTELLECTION INSTITUTION, ARE ENTIRELY RESPONSIBLE FOR ALL THE STUDENT GENERATED CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SERVICES.

You retain all copyrights and other intellectual property rights in and to your own Student Generated Content.  You do, however, hereby irrevocably grant us and our sublicensees and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sublicensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit any and all of your Student Generated Content, in each case, by or in any means, methods, media, or technology now known or hereafter devised, as reasonably necessary to provide the Services.

 If you submit Student Generated Content to us, each such submission constitutes a representation and warranty to Intellection Institution that such Student Generated Content is your original creation (or that you otherwise have the right to provide the Student Generated Content), that you have the rights necessary to grant the license to the Student Generated Content under the prior paragraph and that it and its use by Intellection Institution and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.   

9.     NO WARRANTIES; LIMITATION OF LIABILITY

NONE OF THE INTELLECTION INSTITUTION, ITS AFFILIATES, OR SUBSIDIARIES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “INTELLECTION INSTITUTION PARTIES”) ENDORSE OR RECOMMEND ANY STUDENT, MENTOR, SCHOOL, SPONSOR, PROJECT, ANY STUDENT GENERATED CONTENT OR ADVISE OR OPINION PROVIDED BY ANY MENTOR. WE MAKE NO REPRESENTATIONS, OFFER NO ASSURANCES, AND DO NOT INVESTIGATE ANY OF OUR STUDENTS’ AND MENTORS’ BACKGROUNDS, MORALITY, CHARACTER, OR ACTIONS. 

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) NONE OF INTELLECTION INSTITUTION PARTY SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS.  WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE WEBSITE AND THE SERVICES.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.  

10.  EXTERNAL SITES 

The Website may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

11.  INDEMNIFICATION

You agree to defend, indemnify and hold the Intellection Institution Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Website, the Services or any Content, (iii) your violation of any intellectual property or other right of any third party; or (iv) any claims brought against us by any third party due to your acts or omissions. 

12.  COMPLIANCE WITH APPLICABLE LAWS

The Website and the Services are based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Website, the Services, or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13.  TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement, and your access to all or any part of the Website, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

14.  BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Intellection Institution from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Intellection Institution’s proprietary interests. 

15.  CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.  MISCELLANEOUS 

You expressly acknowledge and agree that this Agreement is formed in the State of New Jersey. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of New Jersey, without giving effect to its principles of conflicts of laws.  If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect:  “Intellectual Property,” “Communications to Us,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.” 

 Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

Copyright 2016 Intellection Institution. All rights reserved.