Terms of service
iSPACE, inc.
Terms of use
Welcome to the website of iSPACE, Inc. (“iSPACE,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of any website that is owned and operated by iSPACE and links to these Terms of Use, including any content, functionality, and services offered on or through such website (the “Website”).
By using the Website, you accept, and agree to be bound and abide by, these Terms of Use and our Privacy Notice, found at PRIVACY NOTICE (“Privacy Notice”), which is incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Notice, you must not access or use the Website. Additionally, by using the Website, you represent and warrant that you are of legal age and have the requisite capacity and authority to enter into a binding contract with iSPACE, or, if you are not, that you have reviewed these Terms of Use with your parent or legal guardian and they have consented to your use of this Website.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS OF USE AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS OF USE WITH YOUR PARENT OR LEGAL GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.
THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS OF USE, AS DETAILED IN SECTION 11 BELOW, YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OUR PRIVACY NOTICE, DATA SECURITY, OR DATA PRIVACY THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES, UNLESS OTHERWISE PROVIDED BELOW, AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.
1. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of the revised Terms of Use means you accept and agree to the changes. You are expected to check this page each time you access the Website or purchase Products so you are aware of any changes, as they are binding on you.
2. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any Products or materials we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. We also reserve the right to prohibit you from participating in or utilizing the Website at any time without notice if, in our sole and absolute discretion, you show a disregard for the Terms of Use or act in an unacceptable manner. We also reserve the right to refuse service, terminate your access, remove or edit content, or make any other necessary action, at any time without notice in our sole and absolute discretion.
You are responsible for:
· Making all arrangements necessary for you to have access to the Website; and
· Ensuring that all persons who access the Website through an internet connection which you share are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
3. Intellectual Property Rights & Use of this website
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, audio, colors, background, objects, “look and feel,” layout, and the design, selection, and arrangement thereof), are owned by iSPACE, its licensors or other providers of such material, and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights reserved. You are responsible for obeying all applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and these Terms of Use.
These Terms of Use permit you to use the Website for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
· Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
· You may store files that are automatically cached by your Web browser for display enhancement purposes;
· You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; and
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from the Website;
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us or our licensors. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and/or other laws.
4. Trademarks
iSPACE, the associated logo and all related names, logos, product and service names, designs and slogans, whether registered or unregistered, are trademarks of iSPACE or its licensors. You must not use our trademarks without the prior written permission of iSPACE. All third-party names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
5. Prohibited Uses
These Terms of Use permit you to use the Website for the limited personal purpose for which we provide the Website, namely for information relating to our products and services (the “Purpose”). You must not access or use any part of the Website or any services or materials available through the Website for any purpose other than the Purpose. Without limiting the generality of the foregoing, you agree not to:
· Advocate, promote, or engage in any conduct, or use the Website in any way, that violates any applicable federal, state, local or international law, or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries) or causes damage or injury to any person or property;
· Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the material contained on it;
· Impersonate or attempt to impersonate iSPACE, an employee of iSPACE, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
· Use any network monitoring or discovery software to determine the Website’s architecture, including but not limited to the Website’s “look and feel,” or trade dress, or extract information about usage or users;
· Use any robot, spider, or other automatic or manual device or process to monitor or copy the Website, the Website’s design, arrangement, architecture, or “look and feel,” trade dress, or the material contained on it other than as expressly permitted in these Terms of Use;
· Obtain or attempt to obtain, through any means, any information or materials on this Website that have not been intentionally made publicly available either by their public display on this Website or through their accessibility by a visible link on this Website;
· Use any device, software, or routine that interferes with the proper working of the Website;
· Frame this Website or link to a page other than the home page without our express written permission;
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
· Modify copies of any materials from the Website;
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; or
· Use the Website or its contents for competitive or benchmarking purposes.
· Take or attempt any action that, in the sole discretion of iSPACE, imposes or may impose an unreasonable or disproportionately large load or burden on this Website or the infrastructure of this Website; or
· Otherwise attempt to interfere with the proper working of the Website.
6. Third Parties
Your correspondence and dealings with third parties, including, but not limited to, any third parties you connect with through our Website or through use of our services are solely between you and such third party. You agree iSPACE shall not be responsible or liable for any dispute, loss, or damage of any sort incurred as a result of any such dealings.
We are not responsible for the content of any other website, including any website through which you may have gained access to our Website or to which you may gain access from our Website. We do not accept any liability in connection with any such websites or links.
Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our Website. Such a hyperlink does not signify that we have reviewed or approved of the connected third party’s website or its contents—indeed, in certain instances, a hyperlink may connect you to a third party’s website containing views contrary to those expressed on our Website or otherwise held by us.
iSPACE welcomes links to our Website with certain restrictions. Permission to create a link to the Website is not required. iSPACE does, however, reserve the right to request removal of a link from any web page iSPACE believes does not further iSPACE’s mission. You may NOT enclose pages from iSPACE’s Website within a frame set on your site.
7. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your personal information in compliance with our Privacy Notice.
This Section 8 applies to all purchases through this Website or other transactions for the sale of goods (“Products”), formed through the Website or as a result of visits made by you. You may only purchase the Products for your personal use.
You agree that your order is an offer to buy, under these Terms of Use, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell Products. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between iSPACE and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email or before we ship your order.
The price for Products available for purchase through the Website will be displayed to you on the Website in U.S. Dollars. The prices displayed do not include taxes or any other applicable fees, including, without limitation, any shipping, handling, insurance, or recycling fees. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel, terminate, or not to process any orders (including accepted orders) arising from such errors or inaccuracies.
iSPACE is not a bank, credit union, payment processor, or other financial institution. As such, the Website currently uses third parties to process payments for transactions consummated through our Website (“Payment Processors”). By utilizing the Website to purchase Products you authorize a Payment Processor to charge your credit card or other payment method. Transactions processed via the Website may also be subject to the terms and conditions of the applicable Payment Processor. You represent and warrant that: (i) the credit card or other payment information you supply to such Payment Processor is true, correct, and complete; (ii) you are duly authorized to use such credit card or other payment method for the purchase; (iii) charges incurred by you will be honored by your credit card company or other financial institution; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees, if any. iSPACE is not responsible for any errors by a Payment Processor.
We will arrange for shipment of the Products to you through a third-party. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery of the Products to the carrier at the place of shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged or lost shipments.
We may offer refunds for certain products. For more information regarding refunds, please read our Refund Policy available at https://ispacestem.org/policies/refund-policy.
9. ELECTRONIC COMMUNICATIONS
When you visit the Website, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
10. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS, OR OTHER ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS AND SERVICES PROVIDED BY iSPACE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER iSPACE NOR ANY PERSON ASSOCIATED WITH iSPACE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER iSPACE NOR ANYONE ASSOCIATED WITH iSPACE REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
iSPACE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
11. Limitation on Liability
IN NO EVENT WILL iSPACE, ITS AFFILIATES OR SUBSIDIARIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, BUT DO APPLY TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.
Any cause of action you may have arising out of or relating in any way to the Website or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.
12. Indemnification
You agree to defend, indemnify, and hold harmless iSPACE, its affiliates and subsidiaries, and its and their respective licensors, service providers, officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content or Products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
13. ARBITRATION & CLASS ACTION WAIVER
YOU AND iSPACE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered in Cincinnati, Ohio by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 13. (The AAA Rules are available at https://adr.org/sites/default/files/Consumer_Rules_Web_0.pdf or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR iSPACE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE OR FEDERAL COURTS LOCATED IN HAMILTON COUNTY, OHIO.
WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION BE STRICKEN FROM THESE TERMS OF USE OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE COURTS LOCATED IN HAMILTON COUNTY, OHIO, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE WESTERN DIVISION OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14. Waiver and Severability
No waiver by iSPACE of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of iSPACE to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
In the event that any, or any part of, the terms contained in these Terms of Use shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such terms shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by the applicable law.
15. Entire Agreement
These Terms of Use and any documents linked to and/or incorporated herein by reference, including, without limitation, the Privacy Notice, constitute the sole and entire agreement between you and iSPACE with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies and notices, guidelines, or rules that may apply when you use the Website or otherwise.
16. Governing law & JURISDICTION
Your use of our Website and the operation of these Terms of Use, shall be governed in accordance with the laws of the State of Ohio, without regard to the conflict of law provisions thereof. All claims, legal proceedings, or litigation arising in connection with the Website or Products will be brought solely in the state or federal courts located in Hamilton County, Ohio and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
17. CONTACT
If you have any questions regarding these Terms of Use, please contact us at info@ispacestem.org.
Effective: [2/6/25]
Last updated: [2/6/25]
