Terms of Use

Last Updated / Effective Date: 05/25/2016

These Terms of Use govern your use of the websites www.ngcproject.org and www.theconnectory.org, including all subdomains (collectively, the “Site”), as well as all services provided through the Site (collectively with the Site, the “Services”) provided by National Girls Collaborative Project (hereinafter “NGCP”) and The Connectory (a property of NGCP).  By using the Services, you agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the “Terms”). NGCP may amend the Terms at any time by posting a revised version of the Terms on the Site. Your access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

If you do not accept and agree to all of the Terms of Use, you are not authorized to access the website or use the Services.

DEFINITIONS

Opportunity
An “Opportunity” includes but is not limited to summer camps, workshops, career fairs, competitions, and other time-bound STEM events. These can be seen by families and the general public on The Connectory. Opportunity types include: afterschool programs, community events, competitions, conferences, drop-in programs, Fair/Festivals, field trips, in school programs, mobile programs, online courses/activities, overnights, and summer camps.

Organization
A larger organization (such as a university or museum) that has more than one programs/providers or departments the offers STEM programming and opportunities.

Partner
A partner is a Provider or Organization with which we network, share resources, and collaborate on projects.

Program/Provider
The person or entity that offers STEM programming and opportunities.

Resource
A resource is an asset that programs have or are looking for, such as girls interested in STEM, STEM curriculum, and a computer lab.

User
Users are Providers, Organizations, and Visitors to the Services.

User Account
A user account is required to create and access Programs and Opportunities. Anyone may create an account for free.

Visitor
A Visitor is a member of the general public, able to consent to the Terms of Use that accesses the Services.

 

SERVICES

Online Platform Services
The Sites are an online platform for Users to provide or access Opportunities, and for Visitors to access and review Opportunities. NGCP makes no representations about the accuracy, quality, safety, morality, or legality of any Opportunity or the truth or accuracy of your User Content posted on the Service. NGCP does not represent that Providers will provide Opportunities. NGCP is merely the venue for Users to interact. Users use the Services at their own risk.

Age and Other Eligibility Requirements
You are not eligible to use the Services without consent if you are under 18 years of age. If you are under the age of 13, you are not authorized to use the Services. Rather, those under the age of 13 should have their parent or legal guardian use the Services on their behalf.

You are not eligible to use the Services if you have previously been suspended from using the Services for any reason and we have not explicitly authorized you to resume using the Services. We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove, or suspend the Services at any time for any reason without liability.

Opportunity Proposal
In order to provide an Opportunity, the Provider will create a user account and add a brief summary of the proposed program. NGCP may request additional information from the Provider, which Provider will provide promptly, completely, accurately, and truthfully.

Prohibited Opportunities
Providers are not permitted to create Opportunities that involve illegal, immoral, or scandalous activities, causing harm to people or property, or scamming operations. If you know that your Opportunity is claiming to do the impossible or it's just plain phony, do not post it. You must comply with all applicable laws and regulations in connection with your Opportunity.

Prohibited Opportunities include, but are not limited to activities involving

  • any alcoholic consumer products;
  • any controlled substance or drug paraphernalia;
  • weapons, ammunition and related accessories;
  • any form of lottery or gambling;
  • the promotion of hate, discrimination, personal injury, death, damage, or destruction to property; or
  • any activities prohibited by applicable law or that would result in infringement or violation of another person's rights if provided

Community Guidelines
The Site is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:

  • use the Services to promote violence, degradation, subjugation, discrimination, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
  • post images or videos that are sexually explicit or post links to sites that contain explicit materials;
  • use the Services in a way that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • use the Services in a way that breached any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • submit User Content that contains software viruses or any other programs that are intended to disrupt, damage, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of NGCP or any third party;
  • spam the comments sections or other Users with offers of goods and services or inappropriate messages;
  • engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Service; or
  • take any action that imposes, in NGCP’s sole discretion, an unreasonable load on NGCP's infrastructure.

We reserve the right to remove Opportunities and terminate User Accounts and affiliations with Partners for such activities.

Disputes Between Providers and Other Users
NGCP is under no obligation to become involved in disputes between Users and any third party including other Users. In the event of any dispute, such as a Provider's alleged failure to comply with the Terms or alleged failure in fulfillment of an Opportunity, we may provide the Provider's contact information to the User so that the two parties may resolve their dispute.

Your Account Information
All of your registration information must be complete, accurate, and truthful. You agree to notify NGCP immediately if you discover that your User Account has been used without your authorization or there has been any other breach of your User Account's security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.

Our License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services subject to your eligibility and your continued compliance with these Terms.

Your License to Us
You grant NGCP a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content on or in connection with the Services and our related marketing and promotional activities. As between you and NGCP, you continue to hold all ownership interest in your User Content. You represent and warrant that your User Content and our use of your User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

Providers

  • As a Provider, you are permitted to offer Opportunities to Visitors.
  • You shall meet all commitments you make in your Opportunity including, but not limited to, delivering all benefits you offered with your Opportunity.
  • You will respond promptly and truthfully to all questions posed to you by NGCP or another User.
  • If you are unable to fulfill any of your commitments to Users, you will work with the Users to reach a mutually satisfactory resolution.
  • You will comply with all applicable laws and regulations in your use of User’s information and delivery of Opportunities.
  • You understand that NGCP does not guarantee the accuracy of any content on the Site. Accordingly, you are liable for any and all User Content you generate.

Visitors

  • As a Visitor, you are solely responsible for asking questions and investigating Providers and Opportunities to the extent you feel is necessary before taking advantage of an Opportunity.
  • All attempts to access the Services are made voluntarily and at your sole discretion and risk.
  • NGCP does not guarantee that Opportunities will turn out as promised.
  • NGCP does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Opportunity, or the truth or accuracy of content posted on the Site.

NGCP’s Discretion to Remove Content
NGCP retains the ability to remove content from the Services for any reason based on its sole discretion.

Donations
If you choose to donate money, you may do so and consent to have NGCP charge your credit or debit card in the amount authorized by you, the donor. We are not responsible for the performance of any third-party credit card processing services.

Refunds
Donations are not refundable.

Third-Party Websites, Advertisers or Services
The Site may contain links to third-party websites, advertisers, or services that are not owned or controlled by NGCP. Access to or use of third-party sites or services are at your own risk. We are not responsible for any loss or damage of any sort relating to your dealings with these parties. We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

 

MISCELLANEOUS

Indemnity
You agree to defend, indemnify and hold harmless NGCP, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors, and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to your use of the Service, breach of these Terms or violation of any law. NGCP may assume the exclusive defense and control of any matter for which you have agreed to indemnify NGCP and you agree to assist and cooperate with NGCP in the defense or settlement of any such matters.

No Warranty
NGCP has no fiduciary duty to you. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COURSE OF PERFORMANCE, OR THAT SERVERS WILL ALWAYS ALLOW FOR ACCESS TO THE SITE. USE OF THE SERVICES IS AT YOUR OWN RISK.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): NGCP MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SERVICE. NGCP will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other User Content stored on NGCP’s equipment, transmitted over networks accessed by its websites, or otherwise connected with your use of the Service.

Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of these Terms, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability
You acknowledge that the Services are provided without charge, and as a service to you and the community at large.  Accordingly:

NGCP (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NGCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NGCP without restriction or consent.

Termination
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law
You agree that: (i) the Services shall be deemed solely based in Washington State (where we have our headquarters); and (ii) the Services shall be deemed as passive, meaning that their provision does not give rise to personal jurisdiction over NGCP, either specific or general, in jurisdictions other than Washington State. These terms shall be governed by the laws of the state of Washington, without respect to its conflict of laws principles.

Dispute Resolution
Upon any dispute or claim arising under the terms, obligations, or promises under these Terms of Use, you agree to work with NGCP to resolve the dispute privately or through mediation before a mutually agreed upon mediator.  If mediation fails to produce a mutually agreeable outcome, you agree to binding arbitration.  Arbitration will be before a single arbitrator that you choose from a list of three arbitrators provided by NGCP.  Arbitration will be performed under the rules adopted by the American Arbitration Association at the time a claim is filed with an arbitrator.  Arbitration will take place in Seattle, Washington.  An arbitration judgment may be entered into and enforced by a court of competent jurisdiction, which judgment may include the costs and attorneys’ fees for the prevailing party at arbitration.

DMCA/ Infringement Policy
If you believe that your work has been copied in a way that constitutes copyright infringement, or you believe that material on the website infringes on your intellectual property or other rights, please follow the procedures outlined below.

Notification:
To file a copyright infringement notification with NGCP, you will need to send a written or email communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of such works.
  3. Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material. Providing URLs is the best way to help us locate content quickly.
  4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction and exclusive venue in state or federal courts in King County, Washington (Seattle) and in the jurisdiction where the copyright holder is located, and that you will accept service of process for any dispute that arises relating to the takedown of material referenced in your notice.

Such notice should be sent to our designated agent as follows:

National Girls Collaborative
4616 25th Avenue NE #248
Seattle, WA 98105

Any person who knowingly materially misrepresents that material or activity is infringing or includes false information in a notice may be subject to liability.

Counter-Notification:
If you elect to send us a counter notice, to be effective it must be a written or email communication provided to our designated agent that includes substantially the following:

  1. The physical or electronic signature of the member or user.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction and exclusive venue in state or federal courts in King County, Washington (Seattle) and in the jurisdiction where the copyright holder is located, and that you will accept service of process from the person who provided the original take-down notice or from us. 

Such notice should be sent to our designated agent as follows:

National Girls Collaborative
4616 25th Avenue NE #248
Seattle, WA 98105

Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of members or users who are repeat infringers.

Other (Non-Copyright) IP Infringement
Other (non-copyright) notices of potential infringement should include a statement as to the intellectual property or right potentially infringed, proof of ownership of the rights at issue, identification of the URL at which the potentially infringing material may be found, and a street address, telephone number, and email address where you can be reached. The notice should be in writing, and sent to the following address:

National Girls Collaborative
4616 25th Avenue NE #248
Seattle, WA 98105

English Language
In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Notification Procedures
You agree NGCP may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website.

Unsolicited Idea Submissions
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve our Services. However, to avoid future misunderstandings when new products, services, and features developed internally by NGCP employees might be similar or even identical to a submission received by NGCP, the following NGCP policy applies to all third party submissions to NGCP of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) NGCP shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.

Entire Agreement
These Terms are the entire agreement between you and NGCP regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. NGCP's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Changes to Terms
NGCP may alter these Terms at any time, so please review them frequently. If a material change is made, NGCP may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A "material change" will be determined at NGCP's sole discretion, in good faith, and using common sense and reasonable judgment.

Nonwaiver
Our failure to exercise or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability
If one or more provisions in these Terms are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from these Terms, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.

Entire Agreement
These Terms are the entire agreement between you and NGCP regarding its subject matter, and these Terms supersede any and all prior agreements, understandings or arrangements, whether written or oral, between you and NGCP.

No Legal Advice
Nothing contained in the Terms or the Services constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.

Contact Us
If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at info@ngcproject.org, Attention or Subject Line: NGCP Terms of Use/Legal Department.