CKSTEM 'Terms of Use' & 'Privacy Policy'

Terms of Service

These terms of service (these “Terms”) constitute a legally binding agreement between you and Competitive Kids STEM Projects (“CKSTEM,” “we,” “us”, “our” and terms of similar meaning) governing your use of the CKSTEM website (https://competitivekids.org/) and CKSTEM Learning Portal (https://learn.ckstem.org/) (“Site”). By entering into these Terms and/or accessing or using the Site, you expressly acknowledge that you understand these Terms and accept all of its terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.

1. The Site and Services

CKSTEM is a not-for-profit organization that offers students that are in grades one (1) to twelve (12) who are registered through an Individual Account (as defined below) (each a “Student”, collectively the “Students”) the opportunity to participate in or view online (live or pre-recorded) or in-person enrichment educational programs, videos and/or classes (“Classes”) and/or in-person contests (“Contests”) and/or complete educational documents and/or activities (“Activities”). Through the Site, without having to sign up for an Account, you can access sample questions and answers (“Samples”, collectively with Classes, Contests and Activities, the “Services”). The Services available shall vary from time to time and any Services available at any given time shall be listed on the Site. The rules and procedure associated with the Contests, including without limitation, the awards procedure, can be found at https://competitivekids.org/. The Site will be used to facilitate most Services related interactions, including, without limitation, (i) notifying you about future Contest dates; (ii) registration for Contest and/or Classes; (iii) access to Activities; and (iv) payment, as applicable, for registration and/or materials related to the Services.

2. Eligibility to use the Site and Services

(a) Eligibility. The Site may only be used by individuals who can form legally binding contracts under applicable law.

The Site is not available to individuals under the age of eighteen (18) and/or to users who have had their Account temporarily or permanently deactivated. By signing up for an Account and/or using the Site, you represent and warrant that you are at least eighteen (18) years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms. Your Account may be deleted and these Terms may be terminated without warning, if we believe that you are misusing or entering false information or your use of this Site or the Services is not allowed.

(b) Assumption. For the purposes of these Terms, we have assumed that all Students are under the age of eighteen

(18) and all accounts are created by authorized parents or guardians responsible for the students. Even though the Services are meant for Students, the use, operation and control of any Account and the Site

and registration for any Services must be done by either a Teacher or Parent(s) or Guardian (s) (as such terms are defined below) in accordance with the terms and conditions of these Terms.

(c) In addition, to use the Site, you must have continued access to the internet. You are responsible for obtaining the data network access necessary to use the Site. Your mobile network’s data and messaging rates and fees may apply, and you are responsible for such rates and fees.

3. Parent(s) and Parental Consent

(a) Parent(s). “Parent(s)” means the individual legal parent or guardian or both legal parents or guardians, who have the sole physical care, custody and control of their Child(ren) (as defined below), for which no judgment, order or decree has been made by any Court awarding the custody of their Child(ren) to any other person or in any other manner affecting the status of the right of the Parent(s) as legal parent(s) and/or guardian(s) of their Child(ren) and that the Child(ren) has not been emancipated.

(b) Parental Consent. The Parent(s), may, where authorized or permitted by law, and in accordance with the terms

and conditions of these Terms, permit their child/children, who are indicated as Student/Students on their Account (as further described below) (“Child(ren)”) to use and/or participate in the Services, provided that you consent to and supervise such participation and/or use. If a Parent(s) consents to their Child(ren)’s use of and/or participation in the Services, by providing such consent he/she/they is/are agreeing to be bound by these Terms in

respect of their Child(ren)’s use of and participation in the Services and he/she/they understand that CKSTEM will rely on these Terms in providing the Site and the Services to the Parent(s) and their Child(ren). The Parent(s) shall guarantee the performance, by their Child(ren), of the terms and provisions of these Terms and represents and

warrants that their Child(ren) will not disaffirm these Terms at any time. The Parent(s) shall agree to indemnify and hold CKSTEM and its Released Parties harmless from any and all damages, liabilities, costs or expenses of any kind or nature, including reasonable legal fees, which may arise from the breach by the Parent(s) and/or the Child(ren) of any of the provisions of these Terms, including, without limitation, their Child(ren)’s attempt to disaffirm or disavow these Terms on the ground of their Child'(ren)’s minority or otherwise.

(c) Single Parent. If only one Parent(s) (“Parent”) agrees to these Terms, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of their Child(ren) and on behalf of the other Parent(s), insofar as all matters related to the Site, Services and these Terms are concerns and will indemnify and hold CKSTEM and its Released Parties harmless form any and all damages, liabilities, costs or expenses of any kind or nature including reasonable legal fees, which may be claimed by the other Parent(s), including, without limitation, any claim in any way related to their Child(ren) attempt to disaffirm or disavow these Terms on the ground of their Child(ren)’s minority or otherwise.

4. Privacy Policy and Additional Policies

(a) Privacy Policy. We will collect some of your and/or a Student’s personal information to create your Account. All personal information collected, used or disclosed on the Site is governed by our CKSTEM Privacy Policy located on our website. By using the Site, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

(b) Additional Policies. In addition, by using the Site, you agree to be bound by any additional policies, guidelines, instructions, agreements and/or rules communicated through the Site (collectively, the “Additional Policies”). For example, we may post Additional Policies that specifically address your use of the Site. You agree to comply with such Additional Policies even if they are not identified in these Terms. The definition of Additional Policies shall be included in the definition of “Terms”.

5. Accounts; Registration Data; Account Security and Verifying Information

(a) Individual Account / Account. In order for a Student to have access to the Services (excluding the Samples), the Parent(s) must register for an account through the Site (“Individual Account”). To register, more than one Student, the Parent(s) must create separate accounts as Individual accounts are meant for one Student.

Upon registering for an Account, the Parent(s) who registered for the Account can do the following for their Child(ren): (i) register their Child(ren) for any Class and/or Contest (including completing payment thereof); (ii) obtain an Activity for a Child to complete; and/or (iv) manage each Child’s participation in and/or use of any of the Services, including, without limitation, viewing their Child(ren)’s participation history, score, and any relevant information provided by CKSTEM organization.

(b) Registration Data and Account Security. You can browse the Site and access Samples without registering for an

Account. When and upon registering for an Account, you agree to (i) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You may not impersonate any other person while using the Site and/or Services. CKSTEM will not be liable for any loss or damage from your failure to comply with this obligation. You may not allow other persons to use your Account and you agree that you are the sole authorized user of your Account. You shall at all times be responsible and liable for all activities conducted through and related to, and items obtained through, your Account, including, without limitation, all Activities which may be done and/or Classes and Contests which may be participated in by your Child(ren) or each

Student to whom you are connected to in accordance with these Terms, as the case may be.

(c) Verifying Information. You may be required to submit to CKSTEM additional information, either when registering for an Account or thereafter (“Verifying Information”). Upon submission of such Verifying Information, you authorize CKSTEM to request, receive, use and/or store such information. Where permitted, CKSTEM has the right, but not the obligation, to undertake screenings, checks, and processes designed to check your Verifying Information.

6. Fees, Refunds, Donations, Promotional Offers and Discounts

(a) Fees. There may be fees associated with some or all of the Services offered (“Fees”). Fees may apply and/or vary depending on the type of Service being offered.

All Fees will be shown on the Site or communicated to you in writing. If there are Fees associated with a particular Service, in order to register a Student for such Service, you will be required to pay the associated Fees. Upon registering for any Service, through your Account, you expressly acknowledge that you accept the Fees associated with such Service. Any Fees shall be determined by CKSTEM in its sole discretion and may change at any time, in CKSTEM’s sole discretion (e.g. the Fees paid for one Student may vary from the Fees paid for another Student for the same Service, depending on when each Student is registered for such Service or any applicable discounts). Notwithstanding the foregoing, once you register and pay for a Service for a Student, the Fees paid, if any, for such Student, shall not change. You are responsible for all taxes applicable to any Fees and any other charges in any applicable jurisdiction. We may refund any Fees paid in accordance with our Cancellation/Refund Policy.

(b) Donations. In addition to the payment of Fees for Services, you shall also be able, but not obligated, to make donations to CKSTEM through the Site or other means as communicated by CKSTEM.

(c) Promotional Offers and Discounts. CKSTEM may from time to time provide you with promotional offers and discounts, including, without limitation, a discount on Fees for bulk/multiple registrations for any Services by a school. Please contact us info@competitivekids.org to inquire about Bulk Registrations and/or Discounts.

(d) Payment. CKSTEM facilitates the payment of Fees and Donations through the Site. All Fees, Donations and any other amounts charged to you, as permitted in accordance with the Terms, shall be charged to your credit/debit card. You acknowledge and agree that we use third-party payment processors for all credit/debit card charges, and you authorize CKSTEM to use your credit/debit card information, Registration Data, Account information as well as any additional information as may be necessary to facilitate payment of any Fees and/or Discounts. Please contact us at info@competitivekids.org if you have any questions about our third-party payment processor(s).

7. Ownership, Copyright and Trademarks

(a) The Site, the Services, the Content (as defined below) and any other software used to create and/or operate the Site, the Services and/or the Content is the property of CKSTEM or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, the Services, the Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site, the Services and/or the Content are the property of their respective owners.

8. License to Use the Site, Services and Content, License Restrictions and Restricted Activities

(a) Content. In these Terms, (i) the material (in whatever form), information, content and lessons provided by CKSTEM, its employees, independent contractors, representatives, partners, agents and/or other third parties, either though the Site or otherwise, as part of the Services; and (ii) other content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”.

(b) License. CKSTEM grants to you a revocable, non-exclusive, non-sublicensable license to use, access and view the Site, Services and Content in accordance with these Terms (“License”).

(c) License Restrictions and Restricted Activities. Other than as expressly permitted in these Terms, the Site, the Services, the Content and the License are subject to the following restrictions and terms:

(i) The Site, Services and Content are for your use only. You may not resell, lease or provide them in any

other way to anyone else, except as permitted through these Terms, the Site and the Services.

(ii) You may not make or distribute copies of the Site, Services and/or Content.

(iii) You may not alter, merge or translate the Site, Services or Content or decompile, reverse engineer,

disassemble, or otherwise reduce the Site to a human-perceivable form.

(iv) You may not modify or create derivative works based on the Site, Services or Content.

(v) You may not use the Site, Services or Content for application or website deployment or ultimate

production purpose.

(vi) You may not use the Site, Services or Content to develop any program, class, presentation, lesson,

material, contest, application or website having the same or similar primary function as the Site, Services and/or Content.

(vii) You may not remove or modify any copyright, trademark or other proprietary notices that have been

placed in the Content.

(viii) You may not otherwise use the Site, Services or Content other than for its intended purpose as specified therein and in these Terms.

(ix) You may not (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person, or carry any weapons.

(x) Except as expressly permitted above, any use of any portion of the Content without the prior written

permission of its owner is strictly prohibited and will terminate the License granted in this Section, these Terms and your Account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws.

(xi) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The License granted in this Section, or any part thereof, is revocable by CKSTEM at any time.

(xii) Your use of the Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.

(xiii) You may not perform any act, nor permit any act to be performed by a third party, that would harm, or in any way negatively affect or diminish the CKSTEM’s intellectual property or other proprietary rights in or to the Site, Services and/or Content or any other rights in law or equity of CKSTEM.

(xiv) You may not provide information or act in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive,

sexually oriented, threatening, harassing, hateful or illegal.

(xv) You may not (i) index, scrape “data mine”, survey or in any way reproduce or circumvent the navigational structure or presentation of the Site; (ii) link directly or indirectly to any other websites, applications or services.

(xvi) You may not transfer or sell the Content (as applicable), your Account, password and/or identification to any other party.

9. Use of Student Footage, Likeness and Results and Proceeds

(a) Use of Footage, Likeness and Results and Proceeds. Unless otherwise agreed to through the Account, the Parent(s) hereby irrevocably grant to CKSTEM and its affiliates and subsidiaries the universal and perpetual, nonexclusive, royalty-free, transferable right to take still-photographs, audio recordings and/or videos of their Child(ren) in connection with their participation in or use of the Services (collectively, “Footage”). Unless otherwise agreed to through the Account, the Parent(s) hereby irrevocably consent to CKSTEM and its affiliates and subsidiaries use, display, exhibition, exploitation, reproduction, distribution of and their ability to publish, modify, adapt, translate and create derivative works from (i) the Footage; (ii) their Child(ren)’s name, grades, academic award(s) received (if any) and/or actual or simulated likeness (collectively, “Likeness”); and/or (iii) the results and proceeds of their Child(ren)’s participation in and/or use of the Services, including without limitation, their Child(ren)’s scores, award(s) received (if any) and overall ranking (including percentile range) in a Contest or Class (collectively, the “Results and Proceeds”) in any and all manner and media whatsoever, now known or hereafter devised, throughout the universe, in perpetuity, including, without limitation, in print and illustration, on CKSTEM’s social media accounts, the Site and any and all promotional materials (including without limitation, publicity, press releases, press coverage, advertising and web content), which may be used now and/or in the future by CKSTEM.

(b) Release and Indemnity. The Parent(s) hereby releases CKSTEM and its Released Parties from all Claims (as defined below) of any and all nature whatsoever arising out of or in connection with the exercise of the rights granted in this Section, including, without limitation, from any and all liability and/or claims for violation of rights of privacy, infringement of right of publicity, defamation, any other personal and/or property rights, and/or any similar right. The Parent(s) hereby indemnify CKSTEM and its Released Parties from and against any and all claims or allegations of any nature whatsoever respecting the Footage, Likeness and Results and Proceeds.

10. Security of the Services

To ensure reliability, we use high grade hosting services and security technologies that we believe will provide you with a secure and safe environment when using the Site. However, no system is perfectly secure or reliable. The internet is an inherently insecure medium, and the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Site, you accept these risks and the responsibility for choosing to use a technology that cannot guarantee complete security and reliability.

11. Third Party/Open Source Software

The Site and/or Services may contain and/or may connect to third party software and/or open source software, which may be subject to third party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, you are also accepting the Third Party Licenses, if any. Third Party Licenses may be viewed through the Site and/or Services or by contacting CKSTEM at the e-mail address listed below.

12. Third-Party Service Providers

In the course of using your Account with us or using the Site and/or Services, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third-party service providers, including but not limited to, payment processors, social media login account providers (Facebook, Twitter, Google, Yahoo etc.), credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter the Terms or your obligations hereunder.

13. Third-Party Partners and Independent Contractors

CKSTEM may hire or engage one or more third-party partners to perform any or all of its obligations under the Terms. We operate the Services in conjunction with our independent contractors. Our independent contractors and third-party partners may have access to your personal or business information in providing services to us or providing you with access to the Site and/or Services. We may use a variety of third-party service providers, independent contractors, employees and servers in locations both inside and outside of Canada, which may make your personal or business information the subject of foreign laws and foreign legal proceedings.

14. Linked Sites

The Site and/or Services may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. CKSTEM does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. CKSTEM provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply CKSTEM’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. CKSTEM accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site and/or Services. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third-Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

15. Advertisements and Promotions

CKSTEM may run advertisements and promotions from third parties on or through the Site and/or Services. Your business dealings or correspondence with, or participation in promotions of advertisers other than CKSTEM, and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. CKSTEM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on or through the Site and/or Services.

16. Disclaimer

THE SITE, THE SERVICES AND THE CONTENT, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM CKSTEM OF ANY KIND, EITHER EXPRESS OR IMPLIED. CKSTEM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CKSTEM DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES AND/OR THE CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. CKSTEM DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR ABILITY, AS APPLICABLE, OF THE SERVICES, THE CONTENT AND/OR ANY EMPLOYEES OR CONTRACTORS OF CKSTEM OR ANY OTHER THIRD PARTY WHO PROVIDES THE SERVICES AND/OR CONTENT, OR ANY PART THEREOF. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE AND/OR YOUR AND/OR YOUR CHILD(REN)’S/STUDENT YOU ARE CONNECTED TO IN ACCORDANCE WITH THE TERMS USE OF AND/OR PARTICIPATION IN, AS APPLICABLE, THE SERVICES, AND/OR THE CONTENT REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

17. Waiver of Liability, Limitation of Liability and Indemnity

(a) Waiver of Liability. You waive and shall not assert any claims or allegations of any nature whatsoever against CKSTEM, its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site and/or your and/or your Child(ren)’s/Student you are connected to in accordance with the Terms use of and/or participation in, as applicable, the Services, the Samples and/or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Site, the Services, the Samples and/or the Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your and/or your Child(ren)’s/Student you are connected to in accordance with the Terms, use or other exploitation of the Site, the Services, the Samples and/or the Content. You use the Site and allow your Child(ren) to use and/or participate in, as applicable, the Services and/or the Content at your own risk.

(b) No Indirect, Etc. Damages. Without limitation of the foregoing, neither CKSTEM nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or participation in the Site, the Services and/or the Content, including without limitation any damages caused by or resulting from your reliance on the Services, the Site or other information obtained from CKSTEM or any other Released Party or accessible via the Site and/or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to CKSTEM, any user or Student or any other Released Party’s records, programs or services.

(c) Limitation of Liability. In no event shall the aggregate liability of CKSTEM, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or participation in, as applicable, the Site, the Services and/or the Content exceed any amount paid by you in registration for any Services during the three (3) months prior to the date of any claim, if any.

(d) Indemnity. You shall defend, indemnify and hold harmless CKSTEM and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Services and/or the Content and from (i) the use of and/or participation in (as applicable) the Site (although prohibited), the Services, and/or the Content by your Child(ren), any Student you are connected to in accordance with the Terms and/or any person to whom you give access to your Account; (ii) CKSTEM’s use of the Footage, Likeness and/or Results and Proceeds; or (iii) your violation of the rights of any third party.

18. Termination and Modification of License and Site Offerings

(a) Termination. Notwithstanding any provision of these Terms, CKSTEM reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (i) terminate your license to use the Site, the Services and/or the Content, or any portion thereof; (ii) block or prevent your future access to and use of all or any portion of the Site, the Services and/or the Content; (iii) change, suspend or discontinue any aspect of the Site, the Services, the Samples and/or the Content; and (iv) impose limits on the Site, the Services, the Samples and/or the Content.

(b) Modification. CKSTEM reserves the right to change or modify any of the terms and conditions contained in these Terms, or any additional policies, guidelines, instructions, agreements and/or rules applicable to the Site, the Services and/or the Content, at any time and in its sole discretion. If we do so, we will notify you at the e-mail address you provide in your Registration Data or on your Account, and we will post a notice on the Site visible to you the next time you access the Site. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site or your Account, as applicable, and your continued use of the Site and/or the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any Additional Policies to understand the terms and conditions that apply to the use of the Site, the Services and/or the Content. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended terms and conditions of the Terms, you must stop using the Site and Services. If you have any questions about the Terms, please email us at the contact address below.

19. Communications

By creating an Account, you agree to receive certain communications from CKSTEM. For example, you may receive notifications, a newsletter and/or other promotional e-mails.

Notices that we give you (other than notice of amendment of these Terms, which is discussed in Section

18 above) may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data or on your Account. Second, we may post a notice to you on your Account page.

Third, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area(s) of the Site suitable to the notice. It is your responsibility to periodically review the Site and your Account page for notices.

20. Applicable Law and Venue

(a) Governing Law. The Site and Services are controlled by CKSTEM. You and CKSTEM both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and CKSTEM explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

(b) Dispute Resolution. Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to (i) these Terms; (ii) the Site, Services or Content; (iii) oral or written statements relating to these Terms or to the Site, Services or Content; or (iv) the relationships that result from these Terms, the Site, Services or Content (collectively, a “Dispute”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against CKSTEM related to any Dispute and, where applicable, you also agree to opt out of any class proceedings against CKSTEM. If you have a Dispute, you should give written notice to

arbitrate at the address specified below. If we have a Dispute, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

(c) Court. To the extent arbitration as described in the immediately preceding subsection (b) is prohibited by applicable law, you agree that all Disputes will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

21. Termination of Terms

You and CKSTEM may terminate these Terms and your use of the Site at any time. When you terminate these Terms, you must cease using the Site and Services immediately. If these Terms expire or terminate for any reason, Sections 3,7, 8, 9, 16, 17, 18, 20, 21, 22, and any representation or warranty you make in these Terms, shall also survive indefinitely.

22. Miscellaneous

You acknowledge that you have read the Terms and are familiar with all of the terms, covenants and conditions contained herein, and that you will not revoke said consent during the term of these Terms. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. CKSTEM may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of CKSTEM, and any such attempted assignment will be void and unenforceable. Singular terms shall be construed as plural, and vice versa, where the context requires. Section headings are a matter of convenience and shall not be considered part of these Terms. Unless otherwise specified, all references to amounts of money in these Terms refer to Canadian (CAD) currency. These Terms constitute the entire agreement between you and CKSTEM regarding the use of the Site, Services and/or Content, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and CKSTEM regarding use of the Site, Services and/or Content. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.

23. Questions and Comments

If you have any questions regarding these Terms or the use of the Site, Services and/or Content, please contact us here: Competitive Kids STEM Projects - info@competitivekids.org

The organization, Competitive Kids STEM Projects (“CKSTEM”, “we”, “us”, “our” and terms of similar meaning) take your privacy rights very seriously. We are committed to transparently describing our privacy practices, including how we collect, use and disclose (a) you and your Child(ren)’s/Student’s personal or personally identifiable information (“Information”); and (b) data we obtain from your activity on the Site (as defined below) or through the Services (“Data”) as part of providing the CKSTEM website (https://competitivekids.org) (the “Site”) and Services.

We encourage you to read and understand our terms of service (“Terms”) and this privacy policy (“Privacy Policy”) before using the Site and/or Services. By accepting the Terms and/or Privacy Policy by accessing the Sites or using the Services, you expressly consent to our collection, use and disclosure of Information and Data in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to our Terms.

All capitalized terms that are not otherwise defined herein obtain their meaning from the Terms.

1. What Information Do We Collect?
(a) General. Our primary purpose in collecting Information and Data from you voluntarily is to provide a safe, smooth, efficient, educational and customized experience when using the Site and Services. We will only ask for and collect Information and Data that we consider necessary to ensure a positive and safe experience.
(b) Information and Data. When signing up for a user account (“Account”) through the Site, you must provide the Information as requested or where indicated. Where possible, on these forms we indicate which fields are required and which fields are optional. You may be required to provide the following information about your Child(ren) when signing up for an Account: name, grade, age, school details (i.e. name and address) and home address. You may be required to provide the following information about yourself when signing up for an Account (as applicable): name, email address, school details (i.e. name and address) and home address.
(c) Payment and Banking Information. If and when you add a credit/debit card, payment method or banking information to your Account (if and as applicable), such Information will be shared with our third party payment processor(s). We may collect and retain some of your credit/debit card, payment method or banking information (such as payment processor and billing address) on our servers for a minimum of seven (7) years from the date of each transaction you make on the Site. Such Information and Data shall be archived, even after, if ever, an Account, is deleted in accordance with the Terms and this Privacy Policy.
(d) Information and Data Collected Automatically.
(i) When you use the Site, CKSTEM automatically receives and records Data from your device, including, but not limited to your location, IP address, operating Data, device Data, cookies, and the page you requested, unless otherwise stated in this Privacy Policy.
(ii) “Cookies” and similar technologies are small files placed on your computer and devices that assist us in providing the Site and Services. We and our third party service providers use cookies and similar technologies to provide and personalize the Site and Services, analyze use, and prevent fraud. You can disable cookies in your browser settings, however, if you do so, some parts of the Site and/or Services may not function properly.

2. How Do We Use Information and Data?
We may use Information to determine your eligibility to have an Account and be a user of the Site and Services. We may also use Information and Data to provide to you the license for the Site, Services and Content; to provide you with the Site, Services and Content; communicate with you, either directly or through one of our partners, including for marketing and promotional purposes; to improve our marketing and promotional efforts; to advise of pricing and Site, Service or Content updates; facilitate transactions and payments (if and as applicable); resolve service disputes; troubleshoot problems; to analyze usage of our Site and Services; to improve our Content and Service offerings; deliver information to you that, in some cases, is relevant to your interests; customize your experience, the Content, layout and Services; detect and protect us against error, fraud and other criminal activity; enforce our Terms; provide you with system or administrative messages; and/or as otherwise described to you at the time of collection. These uses improve the Site and Services and better tailor it to meet your needs, so as to provide a smooth, efficient, safe and customized experience while using the Site and Services. Notwithstanding the foregoing, you, as a Parent(s), hereby acknowledge, agree and consent to CKSTEM including the following Information about your Child(ren) on the Site as it relates to any Contest in which they participated: name, school, location, award(s) given (if any), score, overall ranking (including percentile range).
3. Our Disclosure of Information and Data

(a) General Disclosure. We may share Information and Data with third parties only in the ways that are described in this Privacy Policy and in accordance with your consent. We will not share, sell or rent Information or Data to third parties without your explicit consent.
(b) Anonymized Aggregated Data. We may aggregate and anonymize your Data and use and disclose it for a variety of purposes, including analytics. However, in these situations, we do not disclose any Information.

(c) Affiliates & Service Providers. We may use the services of affiliates and third party service providers (collectively, “Third Parties”) in connection with our provision of the Site and Services, including, without limitation, for the processing of payments, off-premise data hosting and communication services. We may disclose Information and Data to the Third Parties in the course of our use of their services. We take care to use Third Parties that we believe are reputable and capable of performing the services we require of them, including, without limitation, the handling of confidential information and Information and Data and the compliance with all applicable laws.
(d) Laws and Jurisdictions. Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose Information and Data if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or any other person’s or entity’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose Information and Data.
(e) Sale of Business. We may disclose Information and Data to the acquiror or its agents in the course of the sale of our business. If we do this, the disclosure will be subject to confidentiality arrangements customary in such transactions.
(f) Storing and Processing Information and Data. In some cases, Information and Data that we collect may be stored or processed outside of the jurisdiction it is received. When that occurs we continue to protect the Information and Data with appropriate safeguards and data export requirements, but it may be subject to the legal jurisdiction of those countries and governmental authorities in those countries.

4. Communication Preferences
You can always unsubscribe from our commercial and promotional emails, but we may still send you communications relating to your Account and use of the Site and/or Services.

5. Information and Data Retention
(a) General Retention Policy. We will periodically de-identify (a) Information from collected Data in unused Accounts; and (b) unnecessary Information from Data collected elsewhere on and/or through the Site and/or Services. Subject to the terms and conditions of this Privacy Policy, with the exception of aggregated Data, we will delete unused Accounts and the Information and Data associated with them after three (3) years of inactivity.
(b) Termination of Account. If your Account is terminated, we will deactivate it, but we may retain Information and Data for a certain period of time (e.g. we may (a) archive Account Information and Data; and/or (b) retain Information and Data related to Contest results) and disclose it in a manner consistent with our practices under this Privacy Policy.

6. Information and Data Rights
In accordance with the applicable privacy laws, you shall have the following rights with respect to Information and Data:
(a) Right of Access and Portability. You may ask for an overview or copy of Information and/or Data to be provided to you; and/or transferred to another organization.
(b) Right to Rectification. You may review Information you provided and delete and/or update it through your Account or by contacting us, to ensure it is accurate and complete on the Site.
(c) Right to Erasure and Restriction. You may ask us to remove and/or restrict our processing of Information and/or Data in certain circumstances (e.g. if you believe we have processed Information and/or Data unlawfully, if you believe that Information and/or Data is no longer necessary for the purposes in which it was collected or processed, you withdraw your consent (as discussed below). Notwithstanding the foregoing, despite such request, subject to all applicable laws and the terms and conditions of this Privacy Policy, we may still retain Information and Data for legitimate business interests, to collect any fees owed (if and as applicable), resolve disputes, troubleshoot problems, analyze usage of the Services, assist with any investigations, prevent fraud, enforce our Terms and/or take other actions as required or permitted by law.
(d) Right to Object. You may object to us processing Information and/or Data.
(e) Right to Withdraw Consent. Where we have asked for your consent to use and/or process Information you provided and Data, you can withdraw this consent at any time. We will do our best to accommodate your request, subject to applicable laws and the terms and conditions of this Privacy Policy.

Please contact us at info@competitivekids.org if you would like to exercise any of the above rights.

7. Children’s Privacy
The Site is not intended for individuals under the age of eighteen (18). CKSTEM does not target the Site to individuals under the age of eighteen (18). CKSTEM does not intentionally or knowingly collect Information and Data from individuals under the age of eighteen (18) and does not knowingly allow such persons to use the Site. If you are under the age of eighteen (18), please ensure you have a parent/guardian who is responsible for creating your user account with CKSTEM and takes full responsibility to adhere to our policies.

8. Security
We strive to protect Information and Data by putting in place a range of technical and organizational measures to safeguard and secure the Information and Data we receive from you, including without limitation, security technologies. We are continuously utilizing security measures to protect Information and Data from unauthorized access or against loss, misuse or alteration. Despite our efforts, we cannot guarantee the security of Information and Data. Unauthorized entry or use, hardware or Services failure and other factors, may compromise the security of Information and Data at any time. We reserve the right, without any limitation, to investigate any suspected breaches of the Sites’ security or information technology or other systems or networks.

9. Changes to This Privacy Policy
CKSTEM may amend this Privacy Policy from time to time. The use of Information and Data we collect is subject to the Privacy Policy in effect at the time the Information or Data is used. If we make any material changes in the way we use Information or Data, we will notify you by (a) posting a notice on your Account page or elsewhere on the Site; or (b) e-mailing you at your e-mail address provided in your Registration Data or associated with your Account (if any). You are bound by any changes to the Privacy Policy when you use the Site and/or Services after such changes have been first posted.

10. Questions?
It is our goal to make our privacy practices easy to understand. If you have questions, concerns or if you would like more detailed information, please email at info@competitivekids.org.