RocketEd, LLC File End User License Agreement
(lovingly adapted from WordPress.com)
We (the folks at RocketEd, LLC) run a company that tries to make STEM education easier, more effective, and more exciting. We’re here to get kids and adults alike excited about STEM. We’ve developed a system surrounding model rocketry and we’d like as many people as possible to use it (and provide feedback so we can make it better!). In order to keep the cost as low as possible, we’ve even released our curriculum and the files necessary to print the rockets for free!
ANY ROCKETS CONTAINING COMPONENTS THAT YOU MANUFACTURED YOURSELF MAY NOT BEHAVE AS EXPECTED AND WE ARE NOT RESPONSIBLE FOR THAT. YOU BUILT IT, YOU ARE RESPONSIBLE FOR IT. Remember to test the rockets thoroughly before using!
Regardless of how you get them, remember rockets require careful use and vigilance to be safe. You must read and follow all included information with all rocket components before using them.
(Note, due to the basis of this Terms of Service, we must offer the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you. Really, you should just use and edit the original at WordPress.com)
Terms of Service:
Please read this Agreement carefully before accessing or using the Product and Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Product and Website or use any services. If these terms and conditions are considered an offer by RocketEd, acceptance is expressly limited to these terms.
- Your RocketEd Rocketry Products. If you purchase and/or use Product obtained from RocketEd, you are required to read all instructions (provided both by RocketEd and the original manufacturer, if applicable) before assembling or operating any part of the Product. All Products must be used in accordance with all relevant instructions, the National Association of Rocketry’s Model Rocket Safety Code (available here: http://www.nar.org/safety-information/model-rocket-safety-code/), and common sense. If you are not confident that you can safely operate your RocketEd Products; don’t. While we’re specifically talking about RocketEd Products here, common sense dictates that these rules generally apply to all rocketry products. Keep in mind that RocketEd may update these products or their documentation at any time and it is your responsibility to read and understand the latest instructions regarding your product. RocketEd will place updated material to the Website and has no further responsibility to announce or disseminate the update(s).
- Disclaimer of Warranties. The Product and Website is provided “as is”. RocketEd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RocketEd nor its suppliers and licensors, makes any warranty that the Product and Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Product and Website at your own discretion and risk. The Product available here can be used improperly in many ways which are not obvious to the general public. RocketEd reminds you that 3D printing is a highly variable process and that it can be difficult to distinguish flawless products from defective products.
- Limitation of Liability. In no event will RocketEd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to RocketEd under this agreement, which for the avoidance of doubt are $0, during the twelve (12) month period prior to the cause of action. RocketEd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Responsibility of Website Visitors. RocketEd tries to, but may have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, RocketEd does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RocketEd disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which GoRocketEd.com links, and that link to GoRocketEd.com. RocketEd does not have any control over those non-RocketEd websites and webpages, and is not responsible for their contents or their use. By linking to a non-RocketEd website or webpage, RocketEd does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RocketEd disclaims any responsibility for any harm resulting from your use of non-RocketEd websites and webpages.
- Intellectual Property. This Agreement does not transfer from RocketEd to you any RocketEd or third party intellectual property (unless otherwise specified, although RocketEd will never transfer third party intellectual property), and all right, title and interest in and to such property will remain (as between the parties) solely with RocketEd. RocketEd, GoRocketEd, GoRocketEd.com, the RocketEd logo, and all other trademarks, service marks, graphics and logos used in connection with GoRocketEd.com, or the Product and Website are trademarks or registered trademarks of RocketEd or RocketEd’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Product and Website may be the trademarks of other third parties. Your use of the Product and Website grants you no right or license to reproduce or otherwise use any RocketEd or third-party trademarks.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Product and Website within the designated notice period. Your continued use of the Product and Website will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. RocketEd may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Indemnification. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ROCKETED, ITS CONTRACTORS, AND ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE PRODUCT AND WEBSITE, REGARDLESS IN ANY CIRCUMSTANCE OF FAULT OR FLAW, WHETHER NEGLIGENT OR INTENTIONAL, OF ROCKETED IN THESE INSTRUCTIONS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT.
- Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between RocketEd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RocketEd, or by the posting by RocketEd of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Harris County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Houston, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RocketEd may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- April 2016: Wording update.
- March 2016: Created.