StemBox Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.MYSTEMBOX.COM (THE "SITE") OR ANY SERVICE OFFERED BY STEMBOX, INC. ("StemBox," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY STEMBOX SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY STEMBOX SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT

This Agreement applies to all Site visitors and users of the Site or StemBox Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any StemBox Service. If you have any questions about this Website or our Services, please contact us at [email protected].

  1. WELCOME TO STEMBOX

    StemBox designs, assembles, and delivers science experiment kits (the “Boxes”) for girls aged 7 and over. These boxes contain materials required for the experiments, instructions, and warnings regard use of the materials or the experiment, among other things. The contents of each science experiment kit will vary from month to month.

  2. ELIGIBILITY

    AGE: You may not use this Site if you are 13 years or below. In order to register and purchase our Services, you have to be at least 18 years or above. Children need to be supervised by an adult at all times while conducting the experiments contained in the Boxes. If you are not the parent or legal guardian of the child for whom you are purchasing the Services, then it is nonetheless your responsibility to ensure that the child is supervised by an adult at all times by an adult when using the Box. In all cases, the person registering on the Site and purchasing the Services is liable for any and all use of the Site, Services, and Boxes.

  3. ELIGIBILITY

    AGE: You may not use this Site if you are 13 years or below. In order to register and purchase our Services, you have to be at least 18 years or above. Children need to be supervised by an adult at all times while conducting the experiments contained in the Boxes. If you are not the parent or legal guardian of the child for whom you are purchasing the Services, then it is nonetheless your responsibility to ensure that the child is supervised by an adult at all times by an adult when using the Box. In all cases, the person registering on the Site and purchasing the Services is liable for any and all use of the Site, Services, and Boxes.

    RESIDENCY: While you may view and use the Site from anywhere in the world, please be aware that we only ship the Boxes to an address in the United States, including Puerto Rico, Alaska, Guam, and other U.S. territories.

    StemBox's Right to Revoke, Suspend, or Restrict Eligibility:StemBox reserves the right, in its sole discretion, to cancel accounts. StemBox may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any StemBox Service.

  4. STEMBOX SERVICES

    The Boxes are offered on a subscription basis. You may purchase monthly, quarterly, or half yearly subscriptions (the “Services”).

    Monthly Subscription:By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges prior to cancellation.

    AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, StemBox will automatically process your Monthly Subscription fee in the next billing cycle. StemBox will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate without further notice to you or authorization from you, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

    Quarterly Subscription:By purchasing a Quarterly Subscription, you agree to an initial pre-payment for 3 months of Boxes, and a recurring quarterly subscription renewal fee at the then-current quarterly subscription rate respectively.

    AUTOMATIC ANNUAL RENEWAL TERMS: Once you subscribe, StemBox will automatically process your quarterly subscription fee in the next billing cycle. StemBox will continue to automatically process your Quarterly Subscription fee at 3 month intervals respectively, at the then-current Quarterly Subscription fee, without further notice to you or authorization from you, until you cancel your subscription. We explain how to cancel your Quarterly Subscription below at the Section "Cancellation Policy". For example, if you purchased a Quarterly Subscription beginning in January 2016 and ending in March 2016. We will bill you for the next Quarter (April 2016 to June 2016) in April 2016, unless you cancel your Quarterly Subscription before April 2016. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, StemBox will automatically process your Subscription fee at the then-current subscription rate without further notice to you or authorization from you until you cancel your subscription. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".

    Half Yearly Subscription:By purchasing a Half Yearly Subscription, you agree to an initial pre-payment for 6 months of Boxes, and a recurring half yearly subscription renewal fee at the then-current half yearly subscription rate respectively.

    AUTOMATIC ANNUAL RENEWAL TERMS: Once you subscribe, StemBox will automatically process your half yearly subscription fee in the next billing cycle. StemBox will continue to automatically process Half Yearly Subscription fee at 6 month intervals respectively, at the then-current Half Yearly Subscription fee, without further notice to you or authorization from you, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

    For example, if you purchased a Half Yearly Subscription beginning in January 2016 and ending in June 2016, we will bill you for the next 6 months (July 2016 to December 2016) in July 2016, unless you cancel your Half yearly Subscription before July 2016. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, StemBox will automatically process your Subscription fee at the then-current Half Yearly subscription rate without further notice to you or authorization from you until you cancel your subscription. We explain how to cancel your Half Yearly Subscription below at the Section "Cancellation Policy".

    Cancellation Policy for Monthly Subscription Renewals: You may cancel your Monthly Subscription at any time by accessing account settings and editing your subscription to StemBox. If you cancel your Monthly Subscription, the cancellation will take effect for your next monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.

    Cancellation Policy for Quarterly Subscription Renewals:Quarterly Subscription fees are non-refundable. You may cancel your Quarterly Subscription renewal any time before your next renewal date by accessing account settings and editing your subscription to StemBox. . If you cancel your Quarterly Subscription, the cancellation will take effect for your next quarter’s billing cycle.

    Cancellation Policy for Half Yearly Subscription Renewals:Half Yearly Subscription fees are non-refundable. You may cancel your Half Yearly Subscription renewal at any time before the next renewal date by accessing account settings and editing your subscription to StemBox. . If you cancel your Half Yearly Subscription, the cancellation will take effect for your next Half Yearly billing cycle.

    Returns and Credits:If a Box does not contain the listed items, or the items in it are defective, you may return it and we will send you a new Box or credit your account. When returning Boxes, it is your responsibility to take reasonable care to see that the Box and items inside are not damaged in transit and are received by us at our address as displayed on the Website.

    Shipping and Risk of Loss:Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. The risk of loss shifts from a third party carrier to you upon delivery. For loss/damage claims, you must notify StemBox within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Boxes and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion

  5. MATERIALS AND EXPERIMENTS

    We don’t manufacture any of the products we send to you. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. We review each product we distribute to confirm they are safe for use by children aged 7 and above. It is your responsibility to review the products as well, to avoid allergic reactions or other side effects personal to you.

    Further, an adult is required to be present at all times to supervise a child while conducting the science experiments, and to read and adhere to any safety instructions provided in the Box and on product labels. If you are not the parent or legal guardian of the child that you are purchasing the StemBox services for, it is your responsibility to ensure that the child is supervised by an adult while conducting experiments and that safety instructions are followed.

  6. GENERAL TERMS OF USE FOR OUR SITE AND ALL THE StemBox SERVICES

    Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify StemBox of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. StemBox will not be liable for any loss or damage arising from your failure to comply with this Section.

    Account Information: In the course of your use of the Site or StemBox Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. StemBox's Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

    Account Transfer Prohibited: You may not transfer or sell your StemBox account or username to any other party. You are fully responsible for all activity of your StemBox account and username.

    Site Content:StemBox owns, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without StemBox's prior written permission.

    You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

    User Content: User Content refers to any content provided by you to StemBox either through the Site, social media sites such as StemBox’s Faceboook, Twitter or Pinterest page, or by mailing us feedback. You must own all User Content you submit to StemBox or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities and you submit User Content at your own risk.

    StemBox does not claim ownership rights in your User Content. When you submit User Content you grant us a license to use such content, including copying, making derivative works of, and posting it on different sites, but you retain ownership.

  7. Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed on the StemBox website and the StemBox Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the StemBox Website or Boxes, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed on the Site, or Boxes, without our written permission or that of the third-party rights holder.

    Prohibited User Conduct: You agree that while using the Site and StemBox Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from StemBox, its affiliates, or another subscriber; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the StemBox Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or StemBox Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

    Fees and Billing:Prices are quoted in U.S. dollars. You agree to pay in full the price for each StemBox Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to StemBox as each payment, if any, is due. You agree to pay all applicable taxes, if any. If StemBox does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

    Automatic Renewal: For StemBox Services subject to automatic renewal, you agree that StemBox may submit periodic charges (monthly, quarterly, or half-yearly) without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method. You agree that such notice will not affect charges submitted before StemBox could reasonably act.
    Unless otherwise indicated, our total price for any StemBox Service involving your purchase of a product will include shipping and handling fees.

    Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. This information is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings, safety warnings in the Box, before using any product. When appropriate, you should seek independent professional advice.

    WARRANTY DISCLAIMER
    STEMBOX AND STEMBOX'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE, SERVICES, AND BOXES, "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. STEMBOX AND STEMBOX’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM STEMBOX TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
    YOU AGREE THAT YOUR USE OF THE SITE, THE SERVICES, AND THE BOXES, SHALL BE AT YOUR OWN SOLE RISK, AND THAT STEMBOX HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

    LIMITATION OF LIABILITY
    IN NO EVENT SHALL STEMBOX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE BOXES, THE ITEMS CONTAINED IN THE BOXES, OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    YOU AGREE STEMBOX’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY BOXES OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO STEMBOX IN THE THEN-PRIOR CALENDAR MONTH.

    INDEMNIFICATION
    YOU AGREE TO INDEMNIFY AND HOLD STEMBOX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY; or (4) YOUR USE OR MISUSE OF THE SERVICES AND THE BOXES. StemBox RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH STEMBOX'S DEFENSE OF SUCH CLAIM.

    Enforcement: These Terms and Conditions shall be governed and interpreted pursuant to the laws of the state of Washington, United States of America, notwithstanding any principles of conflicts of law. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.

    All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in King County, Washington, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Washington. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.

    No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and StemBox's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

    Entire Agreement: These Terms of Use, together with our Privacy Policy, constitutes the entire agreement between you and StemBox concerning your use of the Site, Services, and Boxes. StemBox reserves all rights not granted under this Agreement.

    Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

    No Agency: You and StemBox are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    No Agency: You and StemBox are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to StemBox must be given by postal mail to StemBox, . Any notice to you may be given: (1) to the email address you provide to StemBox during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to StemBox, in which case notice will be deemed sufficient three days after the mailing date.

    Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.

  8. MODIFICATIONS TO TERMS OF USE

    We may change the Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If StemBox makes a material change, StemBox will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. StemBox may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site after we have modified this posting will constitute your acceptance of any changes.