STEMHERO TERMS OF SERVICE 

(Scroll down to see the STEMhero Privacy Policy)

Effective Date: 7/27/2015

Welcome to STEMhero!

Please read the following terms and conditions (the “Terms of Service”) and contact us at support@stemhero.org if you have any questions. By using the stemhero.org website ("Service"), or any services of STEMhero, LLC ("STEMhero", “we”, “us” or “our”), you are agreeing to be bound by the following Terms of Service.

IMPORTANT — IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE TERMS OF SERVICE AND AGREE TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON’T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE.

We reserve the right to update and change the Terms of Service from time to time. If we make material changes, we will post the updated Terms of Service on this page and notify schools by email using the primary email address specified in the teacher account.  If you don’t agree to the changes, then you must provide us with written notice to support@stemhero.org and we will automatically delete your account.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.stemhero.org/terms-of-service.

Violation of any of the Terms of Service may result in the termination of your account. You agree to use the Service at your own risk.

Privacy

Please review our Privacy Policy, which also governs your use of our Service, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of these Terms of Service.

The Children’s Online Protection And Privacy Act (“COPPA”)

 

The Children’s Online Protection and Privacy Act (“COPPA”) does not apply to the Services because STEMhero does not collect personally identifiable information from students, such as first and last name, address, online contact information (screen or user name that permits direct online contact with third-party), phone number, social security number, photo/video/audio file, geolocation information or persistent identifier used to recognize the student over time across different websites or online services.

 

In the event that we learn that we have accidentally collected personally identifiable information from a child under 13 without parental consent being obtained by his or her school, district, and/or teacher, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@stemhero.org.

 

Teacher Account Registration

 

To utilize the Service, a teacher or approved adult with authority from a school or organization (the “Subscribing Organization”) must register for a teacher account. When registering for an account, you may be required to provide us with information about yourself (such as your email address or other contact information) and make representations and warranties with respect to your authority for managing student information from your Subscribing Organization. STEMhero will keep your account information private, but may access and use user data as necessary to provide the Service, to improve this website, and to provide customer service and support. Please review our Privacy Policy for more details about how account information is protected and used.

 

By registering for a teacher account, you represent and warrant to us that:

 

1.   You, the account holder, are a teacher or approved adult with authority granted from your Subscribing Organization to establish a teacher account for use by you and your students;

2.   You, the account holder, are at least 18 years old and have not previously been suspended or removed from the Service;

3.   You, the individual, and your Subscribing Organization, agree to be bound by the Terms of Service;

4.   You, the individual, have been authorized by your Subscribing Organization to use the Service;

5.   Your registration and your use of the Service is in compliance with any and all applicable laws and regulations, including without limitation the Family Educational Rights and Privacy Act (“FERPA”); and

6.   Any information you provide to STEMhero, including, without limitation, as part of any registration, application or inquiry, is true, accurate, up to date, not misleading and offered in good faith.

 

Use Of The Services

 

The Terms of Service shall remain in full force and effect while you retain an account or use our Services. Conditions relating to intellectual property, indemnity, and limitations on liability will remain in effect in perpetuity. You may terminate your account at any time by contacting support@stemhero.org.

 

STEMhero authorizes you to use this website for your personal, non-commercial purposes. Modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting STEMhero in any way is strictly prohibited without our prior written permission. You promise to only use STEMhero for your internal, non-commercial, educational use and only in a manner that complies with all laws and school policies that apply to you and/or your school (including FERPA, as discussed further in our Privacy Policy ).

 

As an account holder, you are responsible for keeping your passwords confidential and securing access to your account. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to immediately notify us at support@stemhero.org.

 

Student Information

 

After a teacher creates a valid account, STEMhero requires that students provide the school’s name, teacher’s name, the student’s initials, and the student’s teacher-assigned ID number in order to log in to their personal student account held under their teacher’s account. This student information is considered private and can only be viewed by the individual student and their teacher. STEMhero collects only the minimum amount of student information necessary, and uses the information for the sole purpose of allowing teachers to track student participation. For more information about how student information is collected and used, and the limited circumstances and format in which aggregated and de-identified student information can be disclosed to a third party, please refer to our Privacy Policy.[ES5] 

 

Collection And Use Of Data

 

Definition of “Data”: “Data” includes any personal and non-personal information required for use and participation with the Services, including but not limited to teacher and student registration information and usage information entered into the account by a registered teacher or student.

 

Data De-Identification: STEMhero may use de-identified Data for development of Services and products, research, or other purposes. De-identified Data will have all direct and indirect personal identifiers removed (such as name, ID number, etc.)

 

Marketing and Advertising: STEMhero will not use Data to advertise or market to students or their parents. Advertising or marketing may be directed to funders and supporters of the Service, but only after the Data has been properly de-identified.

 

Modification of Terms of Service: STEMhero will post any updates to the Terms of Service on this page, including any material updates to how Data is collected, used or shared under the Terms of Service, and notify schools by email using the primary email address specified in the teacher account.  If you don’t agree to the changes, then you must provide us with written notice to support@stemhero.org and we will automatically delete your account.

 

Data Collection: STEMhero will only collect the Data necessary to provide the Services and fulfill its duties under the Terms of Service.

 

Data Use: STEMhero will use Data only for the purpose of providing the Services, improving the Services, and as specified under this Terms of Service.

 

Data Mining: STEMhero is prohibited from and will not mine Data for any purpose other than those agreed to by the parties. Data mining or scanning of user content for the purpose of advertising or marketing to students or their parents is prohibited.

 

Data Sharing: You understand that STEMhero may rely on one or more subcontractors to perform services under the Terms of Service. STEMhero agrees to share the names of these subcontractors with you upon request. All subcontractors and successor entities of STEMhero will be subject to the Terms of Service.

 

Data Transfer or Destruction: STEMhero will ensure that all Data in its possession and in the possession of any subcontractors or agents to which STEMhero may have transferred Data, are destroyed or transferred to you upon termination of your account, or at the request of you or your Subscribing Organization. STEMhero may retain and use de-identified Data for the purposes of development of Services and products, research, or other purposes.

 

Rights and License in and to Data: You and STEMhero agree that all rights, including all intellectual property rights, shall remain the exclusive property of STEMhero, and upon registration of an account, you have a limited, nonexclusive license solely for the purpose of using the Service.

 

Access to Data:  STEMhero will make a reasonable attempt to make your or a Subscribing Organization’s Data available to you or a Subscribing Organization upon request.

 

Security Controls for Data: STEMhero will store and process Data in accordance with industry best practices. STEMhero has technical and organizational security measures in place to protect the loss, misuse or alteration of information under our control, including a secure server to transmit sensitive data.

  

 

Cancellation And Termination

You may cancel your account at any time by sending a request to cancel your account via email to support@stemhero.org. You will need to provide the email address associated with the registered account to STEMhero.

STEMhero, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account, your access to your account, and the forfeiture and relinquishment of all content in your account. STEMhero reserves the right to refuse service to anyone for any reason at any time.

Modifications To The Service And Prices

STEMhero reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. STEMhero shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 Copyright And Trademark Notices

STEMhero respects the intellectual property of others. If we become aware of allegations of copyright infringement in material distributed through our website, we will investigate the allegations and take appropriate action. This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

If you believe that your work has been copied and is accessible on our website in a way that constitutes copyright infringement, please contact us at support@stemhero.org with the following information:

·    An electronic or physical signature of the person authorized to act on behalf of the copyright interest

·    A description of the alleged copyright infringement

·    The location of the alleged copyright infringement

·    Your contact information (address, telephone, email, etc.

·    A written statement by the copyright holder that the alleged infringer is not authorized to use the copyrighted material

·    A written statement by the copyright holder that all of the above information is accurate

Website Content

Content on this website, including but not limited to, original art work, graphics, images, video, text, music, trademarks, logos, product and service names, slogans, and the compilation of the foregoing (“Website Content”) is the exclusive property of STEMhero and its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws. You do not acquire ownership rights when viewing, purchasing, or downloading any products or materials from this website.

You are authorized to access and use this website and related Website Content as set forth in the Terms of Service, provided that: (a) you will not copy, distribute or transfer any portion of this website or Website Content on any media, in accordance with the Computer Fraud and Abuse Act; (b) you will not alter, adapt or otherwise modify any part of this website or Website Content other than as may be reasonably necessary to use that part of this website or Website Content for its intended purpose; (c) your use of this website and Website Content as permitted hereunder is solely for your personal, non-commercial use; and (d) you will otherwise comply in full with the Terms of Service.

Third Party Websites

The Service, including our website, may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Disclaimer Of Warranties

STEMHERO HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND OTHER INFORMATION PROVIDED OR POSTED WITHIN THIS SITE OR ELSEWHERE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, IRRESPECTIVE OF HOW SUCH WARRANTIES OR REPRESENTATIONS ARE FRAMED OR PRESENTED. STEMHERO DOES NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

Limitation On Liability

 

You acknowledge and agree that all products and services provided by and through the Service are provided on an AS IS and AS AVAILABLE basis. IN NO EVENT SHALL STEMHERO BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STEMHERO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO STEMHERO FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO STEMHERO FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE REQUIRED BY LAW.

 

Indemnification

You agree to indemnify and hold STEMhero harmless from any loss, liability, claim, or demand, including costs and reasonable attorneys' fees, made by any third-party due to or arising out of your use the Services in violation of the Terms of Service and/or arising from a breach of the Terms of Service and/or any breach of your representations and warranties set forth in the Terms of Service.

Disclaimers

 

We cannot guarantee and do not promise any specific results from use of the Services, and do not guarantee the integrity or accuracy of information posted on STEMhero’s website or in your account. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and data accuracy, and for maintaining a means external to the account and Services for any reconstruction of any lost data. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may damage your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or any services or items obtained through our website or your account, or to your downloading of any material posted on it.

 

General Provisions: The following general provision apply to the Terms of Service, and shall be deemed part of the Terms of Service stated herein:

Governing Language: Any Translation Of These Terms Of Service Is Done For Local Requirements And In The Event Of A Dispute Between The English And Any Non-English Versions, The English Version Of These Terms Of Service Shall Govern.

Enforcement/Binding Effect: You agree and acknowledge that the Terms of Service constitutes a contract enforceable in a court of law or equity, that it is supported by sufficient consideration, and that it is specifically enforceable to the fullest extent possible under the court’s equitable jurisdiction. The Terms of Service stated herein will inure to the benefit of our successors, assignees and licensees.

Dispute Resolution: You and STEMhero agree that any disputes that arise under the Terms of Service, or that is in any way related to the Terms of Service or to our Services, shall be submitted to binding arbitration, pursuant to the rules of the American Arbitration Association. The party determined to be in violation of the Terms of Service shall be responsible for all reasonable attorney’s fees and costs, including expenses associated with expert witnesses, travel, costs, appellate proceedings, including attorney’s fees incurred in establishing the amount of attorney’s fees to be awarded. You agree to bring any action arising out of the Terms of Service, within one year from the date the action or cause accrued. Should you fail to bring such action within a year, you agree to waive such claims to the fullest extent permitted by law.

Entire Agreement: The Terms of Service contain the entire agreement between the parties as to the subject matter within. You agree and acknowledge that no representations, promises, or agreements, other than those made within, have been made by any of the parties in connection with the Terms of Service. All prior representations are merged into the Terms of Service.

Severability: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. If any term or provision of the Terms of Service or the application to any person or circumstance shall be determined to be void, invalid or unenforceable by any court of competent jurisdiction, then such provision or determinations shall be modified to conform it to law and to make it enforceable, while maintaining, to the fullest degree possible, the purpose of the provision. If such modification is not possible, the provision shall be stricken, and shall not affect the validity and enforceability of the remaining Terms of Service.

Venue and Jurisdiction: In the event that there is any dispute concerning or arising out of the Terms of Service or performance of this agreement, you and STEMhero agree that the sole venue and jurisdiction shall be vested in Milwaukee County, Wisconsin. Arbitration and all enforcement proceedings shall take place in that jurisdiction. To the fullest extent permissible by law, the user waives any objection to venue or jurisdiction, and agrees that STEMhero is to perform its obligations under this agreement in Milwaukee County, Wisconsin. The parties agree that the laws of the State of Wisconsin shall govern the Terms of Service.

Waiver: STEMhero’s failure to exercise or enforce any provision of the Terms of Service shall not constitute a waiver of such right or provision.

 

The Terms of Service will be included as a link on the STEMhero website, and there will be a box to check acknowledging that the Terms and Privacy Policy have been read before registering for a teacher account. 

 

Download a physical copy (click image left)


 

STEMhero Privacy Policy

 

Last Updated: 10/12/2016

STEMhero, LLC (“STEMhero”, “our”, or “we”) is committed to protecting the privacy of teachers, students and their families. As educators and parents ourselves, our commitment is based on legal imperatives but also personal and professional values. This Privacy Policy describes what information STEMhero will collect from teachers, students, and users, and how we will use that information once it is collected. It is our goal to be as transparent as possible. This Privacy Policy forms part of STEMhero’s Terms of Service and is incorporated by reference in the Terms of Service. Please read the policy carefully and contact us at support@STEMhero.org if you have any questions or concerns.

 

By visiting or using STEMhero’s website or services in any manner, you acknowledge that you accept the practices and policies outlined in our Privacy Policy, and you consent to the collection, use and disclosure of your information as specified in the policy.

 

 

Collection of Non-personal Data

If you browse the Website without registering, you do so anonymously. We do not collect your e-mail address or other personal information until you create a teacher account. We do log your IP address (the internet address of your computer) to tell us which parts of our Website you visit and how long you spend there for the purposes of improving the user experience on our site. We do not link your IP address to anything personally identifiable; however, we do track the city and/or state and/or country you are accessing the internet from, the date and time you visited and the type of computer, operating system and Web browser you are using. Your browser supplies us with this information. We use this information from our server logs to learn more about our visitors as a group, not about you as an individual. The information helps us identify overall usage patterns and trends on the site.

 

Collection and Display of Student Information

Students log in to their teacher’s account by selecting their teacher's school email from a list and providing their "STEMhero ID number", a number between 1-30 that the teacher corresponds to the student in the teacher gradebook (the “Student Information”). When logged in, the student can enter, track, and view their personal Usage Data. STEMhero does not request or collect personal contact information (email, phone, address, etc.) or identifying utility information (account number, location, etc.) from students or their families.

Students may be given the option of uploading an anonymous photo of their meter for the purposes of verifying their meter reading. The meter photos are viewed by STEMhero emailed back to the teacher with the verified reading. STEMhero, students, users, and third-parties will not have access to any personally identifying information in connection with the meter photos.

 

Children’s Online Protection and Privacy Act (“COPPA”)

The Children’s Online Protection and Privacy Act (“COPPA”) does not apply to the Services because STEMhero does not collect personally identifiable information from students, such as first and last name, address, online contact information (screen or user name that permits direct online contact with third-party), phone number, social security number, photo/video/audio file, geolocation information or persistent identifier used to recognize the student over time across different websites or online services.

 

PLEASE CONTACT US IMMEDIATELY AT SUPPORT@STEMHERO.ORG IF YOU BELIEVE THAT A CHILD UNDER 13 MAY HAVE PROVIDED US PERSONAL INFORMATION, SO THAT WE MAY DELETE SUCH INFORMATION AS SOON AS POSSIBLE.  

 

Collection and Display of Teacher Information

 

STEMhero facilitates the creation of special teacher accounts on MeterHero, under which students may log in to track data concerning their personal water, electric, and natural gas usage (the “Usage Data”). To create an account, a teacher will be required to submit basic information about themselves, such as their name, the educational institution they represent, the address of the educational institution they represent, and their contact email address at that educational institution (the “Teacher Information”). Teacher Information is private and viewable only by the account holder. STEMhero will not sell or share Teacher Information, and will only use it when necessary to support the teacher’s use of their account.

 

Family Educational Rights and Privacy Act (“FERPA”)

If you are using STEMhero on behalf of an educational agency or institution and FERPA applies, before you enter, upload or access any data concerning a student under 18 years of age, you must confirm that your agency or institution has (1) obtained appropriate consent from the parent or guardian of that student or (2) determined that one of the limited exceptions to the consent requirement applies. You can find more information on FERPA and related guidance here, and a summary of the limited exceptions at : http://ptac.ed.gov/document/ferpa-exceptions-summary .  STEMhero can provide a template for obtaining parental or guardian consent upon request. This template is not required by STEMhero and is intended to be used solely for the convenience of a teacher, educational agency, or institution in meeting their requirements under FERPA.

PLEASE CONTACT US IMMEDIATELY AT SUPPORT@STEMHERO.ORG IF YOU BELIEVE THAT YOU HAVE PROVIDED US WITH INFORMATION WITHOUT THE PROPER RIGHTS, CONSENTS OR PERMISSIONS SO THAT WE MAY DELETE SUCH INFORMATION AS SOON AS POSSIBLE.

 

Protection of Teacher and Student Information and Usage Data

Teacher accounts are protected by a password for privacy and security. Teachers must prevent unauthorized access to their account and any sensitive information it may contain by selecting and protecting an appropriate password and by limiting access to the computer, device and browser by signing off after finishing access to the account.

 

STEMhero has technical and organizational security measures in place to protect the loss, misuse or alteration of information under our control, including a secure server to transmit sensitive data.

 

Disclosure of Teacher and Student Information and Usage Data

STEMhero will not sell, trade, or otherwise transfer to outside parties any Teacher or Student Information. We may contract with trusted third party service providers to provide hosting, maintenance, or to assist us in other services related to the operation and development of our Website. We require those third party service providers to agree to appropriate measures to keep Teacher and Student Information confidential.

 

STEMhero may disclose Teacher and/or Student Information if required to do so by law or in the good faith belief that such action is necessary to: (a) satisfy a legal order or comply with legal process; (b) defend the rights of STEMhero or its affiliates or business partners; or (c) protect the legal rights, property or safety of STEMhero employees, agents, affiliates, business partners, customers or Website users.

 

From time to time, STEMhero will use Usage Data to analyze patterns of water and energy use within and between communities. Any Usage Data collected will be de-identified prior to analysis so that any information that is gathered from the analysis can be used to improve understanding of water use patterns without disclosing any Teacher or Student Information.

 

Any assignee, successor, or licensee will assume and be subject to the same obligations of the Terms of Service and Privacy Policy that we are obligated. You acknowledge that such transfers may occur, and that these parties may continue to use the Teacher and Student Information you provide to us as set forth in this Privacy Policy and the Terms of Service[ES4] . In the unlikely event that the likelihood of us going out of business or entering bankruptcy is imminent, we will provide you with thirty (30) days’ notice and after such 30 days all Teacher and Student Information, and Usage Data will be permanently deleted.

 

Removing Personal Information / Cancellation of Service

If you would like us to delete any information collected by STEMhero, please contact us at support@STEMhero.org.

 

Third-Party Services

The Website may offer features and services that are administered or provided by third parties hired by STEMhero. To receive these services, you may be required to provide these third parties with personal information. All such services are subject to separate terms and conditions established by our third-party providers, including separate privacy policies, which may be different than this Privacy Policy.

 

Changes to the Privacy Policy

STEMhero may update this Privacy Policy from time to time.  If we make material changes, we will post the updated policy on this page and notify schools by email using the primary email address specified in the teacher account. If you don’t agree to the changes, then you must provide us with written notice to support@stemhero.org and we will automatically delete your account.

Download a physical copy (click image above)

Download a physical copy (click image above)