Terms of Use Agreement

Please read this Terms of Use Agreement (“Agreement”) carefully before accessing or using www.challenger.org or adventures.challenger.org, any user portal accessible through the foregoing URLs, and any services accessible through the user portal (collectively, the “Site”). This is an agreement between Challenger Center, the owner and operator of the Site, and you (“you” or “your”), a user of the Site. By using the Site, you acknowledge and agree to this Agreement. If you choose to not agree with any of the terms and conditions in this Agreement, you should not use the Site.

Challenger Center and its suppliers may make improvements or changes in the information, services, products, and other materials on the Site or stop providing the Site, at any time without prior notice to you. Challenger Center may modify this Agreement at any time. Changes will be effective immediately but will not apply retroactively. Accordingly, you agree to review this Agreement periodically, and your continued access or use of the Site will be considered your acceptance of the modified Agreement.

Classroom Adventures Specific Terms

Access to Challenger Center’s Classroom Adventures platform is sold as a subscription service to formal educators, informal educators, schools, school districts, and informal education institutions (“Subscriber”). The underlying subscription is governed by a separate agreement between Challenger Center and the Subscriber. Your use of the Site and the Challenger Center platform is governed by this Agreement; however, the underlying subscription agreement may contain rights and restrictions that govern the Subscriber’s use of the Classroom Adventures platform, and those rights and restrictions may affect how you can access and use the Classroom Adventures platform. We will not be liable to you for how a Subscriber manages their subscription to the Classroom Adventures platform or any decision a Subscriber makes regarding your ability to use, or your use of, the Classroom Adventures platform. Please contact the Subscriber if you have questions about their Classroom Adventures platform subscription.

Use Of the Site and Information And Services on the Site

You are solely responsible for your use of the Site. All information, data, material, and services (“Content”) on the Site are intended solely as a general educational aid. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. Challenger Center and its agents and licensors assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content on the Site. While Challenger Center strives to keep Content on the Site up to date and accurate, Challenger Center cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of any Content.

Your Account

Account Creation. In order to access or use certain features and Content on the Site, you may be required to create an account. Depending on the features or Content you are accessing, you may create your own account, or your account may be assigned to you by a Subscriber. Different or additional terms may apply to your account if you are using an account assigned to you by a Subscriber and the Subscriber may have administrative rights to manage your account, such as accessing, suspending, and deleting your account.

You agree to provide current, complete, and accurate information when registering for an account. You or your organization’s administrator will choose a username and set an initial password, which you will be required to change the first time you log in to the system. By registering and/or signing on with an account, you represent and warrant that you are not a minor.

Responsibility for Account. You are entirely responsible for maintaining the confidentiality and security of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Challenger Center immediately of any unauthorized use of your account or any other breach of security. Challenger Center cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

Liability for Account Misuse. Challenger Center will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by Challenger Center or another party due to someone else using your account or password.

Transfer of Accounts. You may not transfer or assign your account to any other person or entity without Challenger Center’s prior written consent.

User Content

You may have the opportunity to upload and display content on the Site (“User Content”). User Content uploaded or provided through the Site may be protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in User Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on User Content. Any unauthorized use of User Content, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Challenger Center will not be liable for User Content uploaded or posted to the Site by you or any other user.

Challenger Center does not claim ownership rights in User Content, but by uploading, transmitting, or posting User Content to the Site, you hereby grant to Challenger Center a non-exclusive, transferable, worldwide, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, host, store, distribute, sublicense, and create derivative works and compilations incorporating User Content as part of providing the Site. You represent and warrant that you have all rights and authority to grant Challenger Center the license herein to the User Content you post or upload to the Site.

You are responsible for your User Content and for the consequences and liability related to or connected with User Content and your use of any User Content you access or obtain through the Site.

Challenger Center does not pre-screen or approve User Content but reserves the right to remove User Content that Challenger Center believes is infringing, offensive, objectionable, or illegal at its sole discretion and without liability to you or any other person.

You agree that you will not post or transmit User Content that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of applicable laws.

You agree to promptly inform Challenger Center if you have reason to believe that a user is infringing any copyrighted materials.

Your License To Use The Services

Challenger Center grants to you a limited, non-exclusive, non-assignable, non-transferable license to access and use the Site for your own personal, non-commercial purposes, subject to your agreement to and compliance with this Agreement. Challenger Center reserves all rights not otherwise expressly granted by this Agreement.

You may not:

  1. License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Site or Content in any way.
  2. Copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based.
  3. Use the Site or Content to develop a competing website, product, or service.
  4. Use any device, software, or routine intended to damage or interfere with how the proper functioning of the Website or any servers or networks connected to the Site.
  5. Do anything that interferes with any other person’s use of the Site.
  6. Decrypt, transfer, frame, or mirror the Site.
  7. Circumvent any Site security measures.
  8. Use the Site or Content for unlawful purposes.
  9. Use a bot or spider to harvest or scrape Content or any information on the Site.
  10. Use the Content in a way that misappropriates a trade secret or infringes someone’s intellectual property rights.
  11. Delete, modify, hack, or attempt to change the Site or Content.

You agree to keep all sales pricing and product information confidential and that you will comply with all applicable laws while using the Site.

Copyright

The materials available through the Site are the property of Challenger Center or its licensors. The design, trademarks, service marks, and logos of the Site (“Marks”); lesson plans and activities, videos, mission content, apps, and photographs (“Instructional Resources”); our Classroom Adventures experiences and related videos and documents (“Classroom Adventures”); and all other intellectual property, are owned by or licensed to Challenger Center, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Challenger Center reserves all rights not expressly granted in and to the Site and Content. You agree to not engage in the use, copying, or distribution of any of the Site or Content other than expressly permitted.

Instructional Resources accessible on the website without an account – i.e., all materials except Classroom Adventures – may be accessed, downloaded, or printed for your personal non-commercial use only. Without the prior written permission of Challenger Center or its suppliers, you may not copy, alter, distribute, or transfer any material on the Site, in whole or in part.

Educators using Instructional Resources found on the Site in their classrooms are not required to request prior written permission.

No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted by Challenger Center. Permissions can be requested via e-mail at webmaster@challenger.org or using the Feedback Form.

Trademarks

Challenger Center and the names of Challenger Center products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of Challenger Center. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

Third Party Content

Through the Site, you may have the ability to access and/or use content provided by third parties. Challenger Center cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise. Challenger Center disclaims any responsibility or liability related to your access or use of any third-party content.

Links To Other Web Sites

The Site may contain links to other websites or applications. This Agreement only applies to the Site and not to any website or application that we do not own. We are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites. Challenger Center encourages you to carefully read the terms of use for any third party website or application before you access or use any such third party website or application.

Feedback

Challenger Center hasn’t agreed, and does not agree, to treat as confidential any suggestion or idea that you give to Challenger Center (“Feedback”). Challenger may use any Feedback you give submit for any reason, and Challenger Center does not have to pay you for the Feedback or for whatever Challenger Center did with it.

Privacy

For information about how Challenger Center collects, uses, and shares your information, please review Challenger Center’s Privacy Policy.

Disclaimer of Warranty

To the fullest extent allowed under applicable law, Challenger Center disclaims all express and implied warranties with regard to the Content, User Content, information, services, and materials contained on the Site, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Challenger Center specifically disclaims any representations that the Site will meet your requirements, that access to or operation or use of the Site will be uninterrupted or error free, that defects in the Site, if any, will be corrected, or that results will be timely, accurate, adequate or complete. All such information, services, and materials are provided “as is” and “as available” without warranty of any kind and Challenger Center does not guarantee the Site’s availability or uptime. Challenger Center does not warrant or represent that the Site will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations.

You understand that Challenger Center cannot and does not guarantee or warrant that the Site or any Content or User Content provided in connection with the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.

Limitation Of Liability

In no event will Challenger Center be liable for any special, indirect, punitive, incidental, exemplary or consequential damages, or any damages whatsoever resulting from loss of use, business, data or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. To the fullest extent permitted by law, Challenger Center’s total liability for any claims under this Agreement, including for any implied warranties, is limited to $100.00. You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Site would not be provided to you absent such limitations. Some state statutes might apply regarding limitation of liability.

Indemnification

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Challenger Center, its officers, employees, agents, subsidiaries, affiliates and other partners from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of this Agreement,;(ii) your use of the Site, Content, or User Content offered through the Site; (iii) your User Content; (iv) any unauthorized use of your account; or (v) your violation of any rights of any other person.

Access to the Website

Challenger Center may suspend, block, or terminate your ability to access or use the Site at any time for any reason or for no reason and without liability to you.

Governing Law and Other Miscellaneous Terms

This Agreement and any claim related thereto will be governed by the laws of the State of Texas, without reference to its conflicts or choice of law principles. All claims and disputes arising under this Agreement will be brought solely in any court located in the District of Columbia. You irrevocably submit and consent to the personal jurisdiction of such courts.

Challenger Center has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.

This Agreement controls the relationship between Challenger Center and you. This Agreement does not create any third party beneficiary rights.

Challenger Center’s failure to enforce the provisions of this Agreement does not constitute a waiver of its right to enforce them.

If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable term or provision will not be considered to be part of this Agreement.

In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.

You may not assign or transfer any of your rights under this Agreement. Challenger Center may assign or transfer this Agreement at any time without your permission.

Contact Challenger Center

Should you have any questions regarding this Agreement, please contact Challenger Center at webmaster@challenger.org.