Bostontechmom.com connects parents with STEM programs and opportunities that expose kids to technology in fun, meaningful, and engaging ways. By becoming a Listing Provider as defined herein, you agree to these Listing Terms and Conditions (“Listing T&C”). These Listing T&C are a legally binding contract between you and BOSTONTECHMOM LLC.
“Account” means an account created by any person or organization who completes the online account registration process at the Site.
“Company,” we,” “our,” and “us,” refers to BostonTechMom LLC.
“Directory” means Company’s online directory of STEM programs listings, available in multiple subscription levels.
“Listing Provider” means any Account holder who creates a listing that is approved and published on the Site by the Company. As used in these Listing T&C, “you,” “your” and “Listing Provider” refer to the individual, company, organization or other legal entity on whose behalf these Listing T&C are accepted.
“Program Listing” means the listing created by a Listing Provider to advertise and promote Listing Provider’s STEM programs.
“Site” means any information, features or services available through www.bostontechmom.com.
Any other defined terms used herein shall have the meanings as set forth and defined herein.
1. THE DIRECTORY. The Directory consists of an online directory of STEM programs listings, available in four annual subscription plans, as set forth in the Provider Listing Rates. The Directory is proprietary to the Company and is protected by copyright and intellectual property laws.
2. YOUR ACCOUNT. To create a Program Listing and become a Listing Provider requires that you create an Account on the Site. An Account requires you to provide information about your organization and primary contact information, and to select a username and password. When you create an Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Any changes to your Account information must be updated immediately. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Site.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
The Company may delete your Account if you violate these Listing T&C. The Company reserves the right to refuse registration of, or cancel your Account in its sole and absolute discretion.
3. PROGRAM LISTING.
GUIDELINES. An Account holder may create a Program Listing in accordance with the Company’s Submission Guidelines.
FREE PROGRAM LISTING. If we accept and publish your free Program Listing, it will remain on the Site at our discretion.
PAID PROGRAM LISTING. Paid Program Listing includes the benefits set forth in the Provider Listing Rates. If we accept and publish a paid Program Listing, it will remain published on the Site for a subscription period of one (1) year, commencing on the day the Program Listing is published and goes live on the Site, subject to termination or deletion in accordance with these Listing T&C. Paid Program Listing may be renewed as set forth in Section 9.
4. RESPONSIBILITY FOR YOUR PROGRAM LISTING.
You retain ownership of the content of your Program Listing (“Listing Content”) that you submit, post or display through the Site and you are responsible for protecting those rights. We take no responsibility and assume no liability for Listing Content you or any third-party posts on or through the Site.
You assume all risks associated with your Listing Content, including anyone’s reliance on its quality, accuracy, or reliability. You represent and warrant that you own or otherwise control or have the necessary permissions to use and authorize the use of your Listing Content on the Site. You may expose yourself to liability if, for example, your Listing Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful or violates or advocates the violation of any law or regulation.
In order to keep the Directory timely and accurate, Listing Providers shall comply with the Company’s Submission Guidelines. All Program Listings are subject to the Company’s discretion. The Company reserves the right to accept, refuse, or cancel your Program Listing at any time in its sole discretion.
5. OUR RIGHTS TO USE YOUR LISTING CONTENT. We may use your Listing Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable license to use your Listing Content for any purpose. Please note that you also irrevocably grant the users of the Site and any other media the right to access the Listing Content in connection with their use of the Site and any other media. Finally, you irrevocably waive, and cause to be waived, against the Company and its Site users any claims and assertions of moral rights or attribution with respect to your Listing Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Listing Content.
6. MODERATION OF PROGRAM LISTINGS BY COMPANY. The Company has the right but not the obligation to monitor and edit all Program Listings provided by Listing Providers. We may review all Program Listings for typographical errors, internal consistency, content accuracy and style. In our sole discretion, we may edit Program Listings if necessary.
7. ACCESSING AND EDITING YOUR PROGRAM LISTING. Upon the successful registration of your Account, you may create, access and edit a Program Listing by logging into your Account. If you choose to edit your Program Listing after it has been published, it will be moderated by the Company before the updates are published on the Site.
The four annual subscription plans (Free, Enhanced, Premium and Custom) and the fees payable for each level may be viewed or accessed in the Provider Listing Rates. Company expressly reserves the right to change the Fees at any time, upon notice to Account holder.
Payment. Account holder shall pay Company the applicable annual subscription charge (the “Fees”), the full payment of which is due and payable at checkout.
Collection. We use a third-party payment processor, Stripe, to process payment of the Fees. In the event Account holder fails to pay any amount due, or payment cannot be processed for any reason, the Company may immediately suspend or terminate your Account and Program Listing.
All paid Program Listings may be renewed, at the then current subscription plan fee, upon the next anniversary date of your subscription. You will receive a notification of renewal two (2) months prior to the expiration of your annual subscription. Please note that there is no proration of your subscription charge if you terminate your Program Listing before the end of the subscription period. PLEASE NOTE THAT ALL FEES ARE NON-REFUNDABLE.
If you choose not to renew your paid Program Listing, it may remain on the Site in a reduced capacity as a free Program Listing at our discretion.
10. TERM. These Listing T&C shall remain in full force and effect while you have an active Account on the Site.
11. TERMINATING YOUR ACCOUNT.
You may terminate your Account at any time, for any reason, by following the instructions on the Account Settings page. If you terminate your Account prior to the end of the subscription period, it is important to note that Fees are not prorated. PLEASE NOTE THAT FEES ARE NON-REFUNDABLE.
The Company reserves the right to terminate your Account immediately based on any inability to process payment according to the terms of your subscription. In addition, the Company reserves the right to terminate your Account at any time, based on non-compliance with any terms and conditions set forth in these Listing T&C.
Upon termination of your Account for any reason, online access to your Account and Program Listing shall be terminated.
12. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS IS” BASIS. THE COMPANY AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITE OR ANY SOFTWARE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR IN ASSOCIATION WITH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITE OR ANY OTHER THIRD-PARTY.
The Company does not warrant or covenant that the Site will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Site is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
13. LIMITATION OF LIABILITY
THE COMPANY IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
In no event shall the Company be liable for any direct, indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Site, even if the Company has been advised of the possibility of such damages.
In the event that a limitation on liability or remedy contained herein shall be adjudged invalid by a court of competent jurisdiction, all other limitations on liability or remedies shall remain valid, and in no event shall the Company’s damages under any legal theory exceed the total fees paid by Listing Provider under the subscription provided herein during the twelve months immediately preceding the date on which the cause of action arose.
The Company takes no responsibility for any of the descriptions of the various programs listed on the Site. The Company will verify that Listing Providers meet the Company’s Submission Guidelines; however, the Company does not verify the accuracy of all of the information about the programs included in the Directory and does not verify the information that is contained on the external websites of the programs included in the Directory.
The Company has no control over the content of third-party websites or documents that may be accessed from hypertext links within the Site, and hereby disclaims any responsibility for the content, services or data collection and use practices of any linked site. Linked sites are provided solely for the convenience of Listing Provider and users, and access is provided at your own risk.
14. INDEMNIFICATION. You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, directors, stockholders, agents, and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access or use of the Site; (ii) the violation of these Listing T&C by you (including all other agreements, policies, terms of service, and guidelines referred to herein), (iii) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity, or (iv) your Listing Content on the Site.
15. OUR INTELLECTUAL PROPERTY. The Site and its original content (excluding Listing Content provided by Account holders), features and functionality are and will remain the exclusive property of the Company and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and intellectual property may not be used in connection with any product or service without the prior written consent of BostonTechMom LLC.
All notices given pursuant to these Listing T&C shall be sent via email to the respective Party as provided for below. It is the responsibility of the Listing Provider to ensure their E-mail and other contact details are current during the current term of their subscription.
If to Company: Email: [email protected]
If to Listing Provider: E-mail: sent to the relevant email submitted on the registration form
17. GOVERNING LAW. These Listing T&C and all other aspects of Listing Provider’s use of the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws rules. Any controversy or claim arising out of or related to the terms of these Listing T&C shall be settled by binding arbitration administered in Boston, Massachusetts before one arbitrator selected by the American Arbitration Association. Judgment upon the award rendered may be entered in any court with proper jurisdiction.
18. MODIFICATIONS; UPDATES.
The Company has the right to modify these Listing T&C in any manner and at any time, without notice or liability. Any modification is effective immediately upon the earlier of (i) notice by electronic mail to the e-mail address last provided to the Company by you; or (ii) fifteen days following the date that the modified Terms and Conditions is first posted on the Site. You agree to review the Listing T&C periodically so that you are aware of any modification. Your continued use of your Account following its effective date shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the Company, including, without limitation, (i) any changes in the provision of the Directory, or (ii) any change in the amount or type of fees, charges, or assessments payable under these Listing T&C, is to terminate your Account in accordance with the instructions provided in Section 11.
These Listing T&C (including all other policies, terms of service, rules and guidelines referred to herein) constitute the entire agreement between you and the Company. If any provision or provisions of these Listing T&C shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of these Listing T&C be construed as a continuing waiver of other breaches of the same or other provisions of these Listing T&C.
Failure by the Company to enforce any provision(s) of these Listing T&C shall not be construed as a waiver of any provision or right.