MSH T+C | My STEM Help

Terms and Conditions

Last Updated: September, 2020

Introduction:
Thank you for your interest in mystemhelp.org. You will find below the Terms and Conditions that govern your use of our website and all related services (the “Services”).

These Terms and Conditions (these “Terms”) are a binding contract between you and MySTEMHelp Inc. (“MSH”, “we”, “us” or “our”), the owner and operator of the website mystemhelp.org (the “Website”). Your access to and use of the Services are conditional upon your acceptance of and compliance with these Terms. By using the Services in any way or consenting your child’s use of the Services, you agree to accept and comply with all of these Terms.

Note: MSH’s help sessions connect volunteer tutors (“Tutors”) with student members who have previously signed up at Mystemhelp.org (“Students”) with consent from their parents or guardians. MSH screens and trains Tutors, and
attempts to verify that the Students are bona fide students. However, MSH cannot control conduct of Tutors and Students, and disclaims all liability related to their conduct to the maximum extent permitted by law.

Modification:
MSH reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we make substantial modifications to these Terms, we will use reasonable effort to either post a notification of the modification on our website or otherwise provide you with notice of the change through email. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you accept and agree to be bound by any modified Terms.

Privacy Policy:
Our Privacy Policy discusses how we collect, process, and disclose personal information through our Services. Please read that policy carefully. Please note that the Children’s Online Privacy Protection Act of 1998 and regulations enacted under it by the Federal Trade Commission (collectively, “COPPA”) provide parents certain rights regarding the collection, use, and disclosure of personal information collected from children under the age of 13. For more information on these practices, please view our Privacy Policy.

Eligibility:
For Parents, Guardians, and Students:
No student may use the Services unless they have been registered with the consent of a parent or legal guardian, and for students under the age of 13, they must have provided the name and contact information of their parent/guardian. MSH may choose to use any method approved by the Federal Trade Commission to validate your identity as a parent or legal guardian and to confirm your consent, including, without limitation, engaging third parties to provide verification services. MSH reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity.

For Tutors:
By using the Services or volunteering to be a tutor you agree to be bound by these Terms and the MSH Tutor Agreement. You are solely responsible for your own conduct and use of the Services.

Acceptable Use:
MSH hereby grants you permission to use the Services provided such use is in compliance with these Terms. You further specifically agree that you will not to use the Services:

In any way that violates any federal, state, local, or international law or regulation
To engage in any activity or send, knowingly receive, upload, download, use, or re-use any content that is harmful, abusive, defamatory, or restricts or inhibits anyone's use or enjoyment of the Services.
For the purpose of exploiting, harming, or attempting to exploit or harm any minor in any way, including but not limited to by exposing them to any inappropriate content.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate MSH, a Tutor or Student, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To collect private information from Tutor or other Students, including not to record or take screen shot at help sessions.
Not to use any content on the Website for commercial or other monetary purposes.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the web-application or interfere with any other party's use of the web-application.
Use any robot, spider, or other automatic means to access the Services for any purpose without the express consent of MSH.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Otherwise attempt to interfere with the proper working of the Services.

Furthermore, students agree to:

Having their microphones disabled upon entering a class, and unmuting their microphones only when they are instructed by a Tutor to do so. Student microphones may also be unmuted at the discretion of the teacher (through features such as the “raise hand” function).
Using help session and the chat function solely for questions, conversation, and dialogue related to academic pursuit on the relevant subject of such help sessions.
Being courteous and kind to Tutors and other Students at the help sessions.
In the event you accidentally receive any private information of any Tutor or other Student, keeping any private information confidential and not distributing such information to any third party.

Membership Account:
As a Tutor, or a Student, you will be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not transfer
your account to anyone else, and may not use the Services on behalf of an organization or entity without the express consent of MSH. You are solely responsible for maintaining the confidentiality of your account and password, and
you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify MSH via our Contact Form with "Account" in the subject line.

Termination:
MSH has the right to terminate your use of the Services at any time and without warning for failure to provide valid parental or guardian consent/contact information for a student’s use of the services, for any breach of these Terms, or if MSH determines in good faith that termination is necessary to protect the safety, security, or rights of any person.

MSH has no obligation to post any User Content (as defined below) you may provide through the Services, and may take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for MSH.

If you wish to delete your account, please submit your request via our Contact Form with "Account" in the subject line. Upon receipt of your request to delete your account, and except as set forth below, we will remove your account and associated information within a reasonable time period. Please note that the suspension or termination of your account does not limit your rights under COPPA.

Intellectual Property Rights:
The Services and their entire contents, features, and functionality are owned by MSH, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms.

We may permit you to post, upload, publish, submit or transmit content in the public sections of our website (“User Content”). By submitting any User Content on or through the Services, you grant to MSH a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content, in any media, in order to operate, promote, improve, or market the Services. You acknowledge and agree that you are solely responsible for all User Content. You represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to MSH the license above. MSH is not responsible or liable to any party for the content or accuracy of any User Content.

Third Party Content:
By using the Services, MSH may direct you to access third party websites, information, and services, including but not limited to third party websites, databases, networks, servers, systems, products or other services. You hereby acknowledge that you use such third-party services at your own risk. MSH does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. MSH does not give any
representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party services.

Feedback:
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). Such Feedback can be sent to MSH via our Contact Form with "Feedback" in the subject line. You agree that MSH has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in any changes made to the Services.

Warranties:
You hereby acknowledge that you are using the Services at your own risk. The Services and content are provided “as is,” and MSH, its affiliates, and its third party service providers hereby disclaim any and all warranties, express or implied, including but not limited to any warranties of accuracy, reliability, merchantability, non-infringement, fitness for a particular purpose, and any other warranty, condition, guarantee or representation, express or implied, whether oral, in writing, or in electronic form. MSH, its affiliates, and its third-party service providers do not represent or warrant that access to the Services will be uninterrupted or that there will be no failures, errors, or omissions or loss of transmitted information, or that no viruses or other malware will be transmitted through the Services. Some states do not permit disclaimer of implied warranties, you may have additional consumer rights under applicable laws of your location.

Limitation of Liability:

To the fullest extent provided by law, in no event will the collective liability of MSH and its individual members and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party arising under these Terms or related in any way to your use of the Services (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $20 or the amount you have donated to MSH not to exceed $50.

Notices:
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be given by MSH (a) via email (in each case to the address that you provide) or (b) by posting to the Services. It is your responsibility to regularly monitor your provided email and these Terms for any and all notices.

No Waiver:
No waiver by MSH of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Similarly, any failure of MSH to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment:
You may not assign or transfer your MSH membership account and these Terms, by operation of law or otherwise, without MSH’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. MSH may assign or transfer these Terms, at its sole discretion, without restriction. Subject to an assignment or transfer to another party, these Terms will bind the party, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than parties explicitly stated.

Governing Law:
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of Connecticut, United States. Any action related to your use of these Services or alleging breach of these Terms must be brought in a court in Stamford, Connecticut. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

Entire Agreement and Severability:
These Terms constitute the entire agreement between you and MSH regarding your use of the Services, and supersede all prior written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of MSH, and the remaining portions shall remain in full force and effect.