This Agreement was last revised March 1, 2015.

These Terms of Use (“Agreement”) govern your access to and use of the website at www.sallyridescience.com (the “Site”) provided by Sally Ride Science, Inc. (“Sally Ride Science,” “we,” or “us”) and the Services (defined below). PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SITE, YOU (ON BEHALF OF YOURSELF, THE SCHOOL YOU REPRESENT, OR THE SCHOOL DISTRICT YOU REPRESENT) AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE A SCHOOL OR A SCHOOL DISTRICT ORDERING A LICENSE FOR YOUR TEACHERS, YOU ARE RESPONSIBLE FOR ENSURING THAT ANY TEACHERS WHO RECEIVE THE LICENSE FROM YOU COMPLY WITH THIS AGREEMENT AND YOU WILL BE RESPONSIBLE FOR ANY BREACH OF THIS AGREEMENT BY YOUR TEACHERS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE AND ASSOCIATED SERVICES. YOU MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE UNDER 18 YEARS OF AGE. Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional guidelines, terms, and rules, are hereby incorporated by reference into this Agreement.

1. Services. As part of the Site, Sally Ride Science may provide the following services (“Services”): (a) access to a database listing resources about science, technology, engineering and mathematics education and to search functionality, ratings, reviews, links, comments and other material relating to that database; (b) access to a collection of audio, visual and/or other submissions about careers and professionals in science, technology, engineering and/or mathematics; (c) professional development classes for teachers and other adults; (d) access for teachers and students to images taken from space; (e) registration and informational functions for on-line and in-person services and events; and (f) related functions and resources. “User” means any user of the Site or Services.
    
2. Accounts. To use certain of the Services, you must create an account (“Account”) by registering through the Site, providing us with the information requested on the registration form, and accepting this Agreement. You agree to promptly update all Account information to keep it true, accurate, and complete. Should we suspect that any information you provide is not true, accurate, or complete, we have the right to suspend or terminate your use of the Service. When you register, we will ask you to provide a user name and password. You agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. You will be responsible for any activities that occur under your Account until you terminate your Account in accordance with Section 10. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure. You agree not to: (a) provide any false personal information as part of your Account information or on any Service; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons’ Accounts.
    
3. Student Privacy. The Family Educational Rights and Privacy Act (“FERPA”) protects the privacy of student educational records and limits when a school may disclose a student’s educational records. Any User that is associated with a school, or his/her school or school district, is solely responsible for its compliance with FERPA. Without limiting the generality of the foregoing, each User represents and warrants that if any student records are disclosed by User, the User has obtained, or his/her respective school or school district has obtained, the appropriate consent from the parents of such students, or from the students if such students are 18 and older, as required under FERPA to make such disclosure.
    
4. User Content
   • 4.1 Content License. By posting or submitting content to the Site, including ratings, reviews, comments, and any accompanying text or images, answers to course questions, audio or visual recordings, responses to quizzes or tests, notes, and other content (“User Content”), you hereby grant to Sally Ride Science an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use such User Content, in any format or medium now known or developed in the future, in connection with the Services. You represent and warrant that: (a) you have the right to grant the foregoing license and to post the User Content; (b) the User Content will not infringe, misappropriate, violate or contravene any third party rights (including any intellectual property rights); and (c) the User Content is accurate. You are solely responsible for the User Content that you post on the Site.
      
   • 4.2 User Guidelines. You agree to comply with the guidelines listed below and any other user guidelines posted on the Site. Sally Ride Science reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion for any violation of this provision or this Agreement or any conduct or content that is offensive, illegal, or violates the rights of, harms, or threatens the safety of, other users or third parties, including removing such content from the Site, notifying the appropriate authorities regarding and identifying the source of such content, barring violators from accessing the Site, and terminating the Accounts of such violators. Without limiting the foregoing: (a) you will comply with all applicable laws, including privacy laws, intellectual property laws, and regulatory requirements; (b) you will not post inappropriate, inaccurate, or objectionable content to the Site; (c) you will not bully, harass, or advocate harassment of another user or person; (d) you will not solicit passwords or personal identifying information of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes; (e) you will not post content that contains “junk mail” or “chain letters”; (f) you will not post content that is obscene or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (g) you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access to the Site or Services; (h) you will not use the Site or Services to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous; and (i) you will not promote, upload, or post anything that contains an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not).
      
5. License
   • 5.1 Site. During the term of this Agreement and subject to the terms of this Agreement and to the payment of any required fees, Sally Ride Science grants to you a nontransferable, nonexclusive license (without the right to sublicense) to access and use the Site, solely for your personal, non-commercial purposes, and for no other use.
      
   • 5.2 Restrictions. You acknowledge that the structure, organization, and source code of the Site constitute valuable trade secrets of Sally Ride Science and its licensors. Accordingly, you shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose, or otherwise commercially exploit the Site or make the Services available to any third party; (b) modify, adapt, alter, translate, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (c) merge the Site with other software; (d) access the Site in order to build a similar or competitive product or service; and (e) copy, reproduce, distribute, republish, post, or transmit any part of the Site in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means. Any future release, update, or other addition to functionality of the Site provided by Sally Ride Science (if any) shall be subject to the terms of this Agreement unless Sally Ride Science expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the Site and all copies thereof.
      
6. Ownership. Sally Ride Science and its licensors own the Site, the Services, all content (except for User Content) contained therein and all intellectual property rights relating to the foregoing. Sally Ride Science and its licensors reserve all rights not expressly granted under this Agreement. Sally Ride Science will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. Sally Ride Science reserves the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.
    
7. Interaction with other Users. You are solely responsible for your interactions with other users of the Services. Sally Ride Science reserves the right, but has no obligation, to monitor, or take any action Sally Ride Science deems appropriate regarding, disputes between you and other users. To the extent permitted under applicable laws, you hereby release Sally Ride Science from any and all claims or liability related to: (a) any User Content or Student Records on the Service; or (b) the conduct, whether online or offline, of any other user.

   You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
    

8. Third Party Websites and Services. Our Site may contain links to Internet sites and services maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products, or services on such third-party sites and are not responsible for their content. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Agreement only applies to our Site and Services and does not apply to any other site or service.
    
9. Availability and Modification of Service. Sally Ride Science reserves the right, from time to time, to suspend the Services or any part thereof with or without notice for maintenance, repair, updates, and upgrades relating to the Services or to protect against harm or liability to the Services or Sally Ride Science. Sally Ride Science will have the right to modify or discontinue, from time to time, any aspect of the Services. You agree that Sally Ride Science will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Service or any part thereof.
    
10. Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Service and/or maintain an Account. You may terminate your Account at any time and for any reason. Sally Ride Science may terminate this Agreement and/or your Account for any reason or no reason immediately upon notice to your e-mail address listed in your Account. Upon termination of this Agreement, or your Account, by either party, your right to access and use the Site and the Services will terminate immediately. You understand that any such termination may involve deletion of your User Content from our live databases. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or related to such termination. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3, 4, 5.2, and 6 through 20.
     
11. Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, SALLY RIDE SCIENCE PROVIDES THE SITE AND THE SERVICES “AS-IS” AND AS AVAILABLE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. SALLY RIDE SCIENCE DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SITE OR SERVICES. SALLY RIDE SCIENCE MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU AGREE THAT SALLY RIDE SCIENCE IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR SECURE ANY USER CONTENT, COMMUNICATIONS, OR PERSONALIZATION OR PREFERENCE SETTINGS. SALLY RIDE SCIENCE DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE SITE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
     

12. Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, SALLY RIDE SCIENCE WILL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR THE SERVICES UNDER THIS AGREEMENT, EVEN IF SALLY RIDE SCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SALLY RIDE SCIENCE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS (US $50) OR THE AMOUNTS PAID BY YOU TO SALLY RIDE SCIENCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL AND FUNDAMENTAL PARTS OF THIS AGREEMENT WHICH ARE NECESSARY TO INDUCE SALLY RIDE SCIENCE TO ENTER INTO THIS AGREEMENT.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
     

13. User Indemnification. You agree to indemnify and hold Sally Ride Science, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any losses, damages, liabilities, claims, demands, costs, or expenses, including reasonable attorneys’ fees, arising out of or relating to your: (a) User Content; (b) use of the Site and the Services; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of applicable laws or the rights of third parties.
     
14. Copyright Policy. You may not post, distribute, or reproduce in any way any Sally Ride Science copyrighted material, trademarks, or other proprietary information unless you have the right to do so. We have adopted and implemented a policy that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Service of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Sally Ride Science’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: copyright@sallyridescience.com.
     
15. Disclosures. Sally Ride Science is located at 9171 Towne Centre Drive, Suite 350 San Diego, CA 92122. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
     
16. Electronic Communications. The communications between you and Sally Ride Science use electronic means, whether you use the Site or send us emails, or whether Sally Ride Science posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Sally Ride Science in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sally Ride Science provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
     
17. Dispute Resolution. This Agreement, and any claim, dispute, or controversy of whatever nature arising out of or relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding arising from or relating to this Agreement must be brought in a federal or state court located in San Diego, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding the foregoing, either party may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
     
18. General. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Service contain valuable trade secrets and proprietary information of Sally Ride Science, that any actual or threatened breach of Section 6 (License) or Section 7 (Ownership) of this Agreement will constitute immediate, irreparable harm to Sally Ride Science for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. Unless the context clearly requires otherwise, “includes” and “including” are not limiting. This Agreement constitutes the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
     
19. Changes. This Agreement is subject to occasional revision. If we make any material changes to this Agreement, we will make appropriate notices, including posting notice of the changes on the Site. Except for such amendments, no amendment to this Agreement will be valid unless in a writing hand-signed by the parties.
     
20. Trademark and Copyright Notice. Certain names, slogans, graphics, logos, service marks, and trade names used on the Site are the trademarks of Sally Ride Science and may not be used without our permission. Other trademarks, service marks, and trade names that may appear on the Service are the property of their respective owners. Copyright © 2015, Sally Ride Science, Inc. All rights reserved.