Terms of Use





Terms

By accessing this website, you are agreeing with StemTerra, LLC ("The Stem", "we", "us" or "our") to be bound by these Terms of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. As used in these Terms, "you" or "your" refers to the person accessing or using this website, any blog, discussion forum or social media sites we maintain, and all materials and information we make available through the website or such related sites (collectively, the "website"). If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials and information contained in this website are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on the website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display(commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. In order to access or use certain features of the website, you may be required to provide current, accurate, identification, contact and other information about yourself, and you will be responsible for maintaining the accuracy and completeness of such information. You may be assigned a username and/or existing email address and password (collectively, "account ID"), for you to access or use such features. You are responsible for maintaining the confidentiality of your account ID and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others using your account ID. You agree to immediately notify us of any unauthorized use of your account ID, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account ID secure. This license and your right to use the website shall automatically terminate if you violate any of these Terms and may be terminated by The Stem at any time. Upon terminating your right to access the website, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Posting Conduct

You may be permitted to post information, text, images, messages, tags and other materials to the website ("Content"). We reserve the right, but have no obligation, to review, reject, delete or move any Content. You agree that you are responsible for all Content created, stored, shared or published by anyone using your Account ID and for any resulting consequences. You represent and warrant to us that you have the rights and authority to submit your Content to the website, and such submission and publication of such Content through the website does not and will not infringe the rights of any person or third party. You grant us an irrevocable, non-exclusive, royalty-free, worldwide right and license to process and publish your Content for the purposes described within the website at the time and location your Content is submitted or otherwise in connection with our operation of the website and our services. Any Content that includes feedback, ideas, questions, comments or suggestions relating to our website or services ( "Feedback") may be used by us without restriction, including, but not limited, to create enhancements, modifications and derivative works of the website, all of which shall be and remain the exclusive property of The Stem. You agree to use the website only for purposes that are legal, proper and in accordance with these Terms of Use. In the course of using the website, you agree to NOT: (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any other person or entity; (b) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual duties (such as insider trading regulations, internal corporate policies or nondisclosure agreements); (c) upload, post or otherwise transmit any material that contains 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; (d) interfere with or disrupt the operation of the website or any other user's access to or use of the website; or (e) upload or display publicly Content that contains threatening, abusive, harassing, defamatory, libellous, invasive, hateful, or racially, ethnically or otherwise objectionable language or content.

Disclaimer

The materials on the website are provided "as is". The Stem makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Stem does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall The Stem or its suppliers be liable for any damages (including, without limitation, consequential, incidental, indirect or direct damages, whether based on contract, tort or otherwise, for costs, cover, loss of data or profit, or due to business interruption) arising out of the use or inability to use the website or materials on the website, even if The Stem or its authorized representative(s) have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for certain claims, these limitations may not apply to you.

Revisions and Errata

The materials appearing on the website could include technical, typographical, or photographic errors. The Stem does not warrant that any of the materials on its website are accurate, complete, or current. The Stem may make changes to the website or any materials contained on its website at any time without notice. The Stem does not, however, make any commitment to update the materials.

Links

The Stem has not reviewed all of the sites linked to its Internet website or which can be accessed through the website, and is not responsible for the contents of any third party linked site. The inclusion of any link does not imply endorsement by The Stem of any third party site. Use of any such linked sites is at the user’s own risk.

Site terms of use modifications

The Stem may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of use.

Governing law

Any claim relating to the website or these Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree that all disputes, claims or controversies arising under or relating to your use of the website or these Terms shall be brought in the federal or state courts located in the County of Westchester, New York, and the parties hereby waive their right to a jury trial in any such action or proceeding. For questions or comments concerning this policy, please contact us at hello@thestem.com