Terms of Use

Thank you for visiting www.nexgeninquiry.org (the “Site”). This Site is owned and operated by Van Andel Education Institute (“Van Andel Education Institute”, “our”, “we”, or “us”). All content, information, applications, and services provided on and through the Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). You should carefully read these Terms. Your access to and use of this Site, its content, information, applications, or services, is governed by these Terms, which are a legally binding contract between you and Van Andel Education Institute. In addition, when using a particular service, and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms and govern any conflict or inconsistency with these Terms.

BY USING THIS SITE, YOU CONFIRM THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS YOU MUST DISCONTINUE YOUR USE OF THE SITE.

1. Limited License to Use Site.

You are granted a limited, non-transferable, revocable license to access and make use of the Site for educational purposes in accordance with these Terms. This is the grant of a license only, not a transfer of title, and under this license you may not: use data mining tools, bots, spiders, scrapers or similar data gathering techniques and tools; frame or use framing techniques to enclose any Site content without our express written consent; or remove any copyright or other proprietary notations from the materials. Except for the material that you or your students post on the Site, no material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted or distributed in any way for any commercial purpose. Except as expressly provided herein, we do not grant any express or implied right to you under any patent, copyright, trademark or trade secret. We may terminate this license and your rights to use the Site for any reason at any time.

2. Privacy.

As part of our commitment to creating a safe and secure online environment for all our visitors, teacher members and student users, we take your privacy seriously. Our use of any personal information we collect via the Site is subject to the terms of our Privacy Policy, which can be found at http://nexgeninquiry.org/privacy-notice.html. You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide in accordance with the terms of, and for the purposes set forth in, the Privacy Policy.

3. Your Account.

You will need an email address/user name and password to set up your account. You are responsible for maintaining the confidentiality of your user name and/or password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, then you represent that you have the authority to bind that person as the principal to these Terms. To the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site resulting from your access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

4. User Content

A. Submission; License. You may post educational materials, reviews, comments and photos and submit comments, ideas, suggestions and other content ("User Content") through the Site. We are not responsible for any User Content that you provide or use. You hereby grant to us a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license in the User Content solely for providing you the services under the Site.

B. User Content Violation. As between you and us, you have complete responsibility for any claim that any User Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged by you, and any other similar claims arising out of your or another party's proper or improper use of the User Content. We have no liability or responsibility to you and other users for your or other users’ performance or nonperformance of such activities. We reserve the right to expel you and prevent your further access to the Site for violating these Terms or any applicable law, ordinance, statute, treaty, rule, or regulation, including without limitation the Family Educational Rights and Privacy Act (FERPA) and Children's Internet Protection Act (CIPA), and we reserve the right to edit or remove User Content that is abusive, illegal, disruptive or otherwise fails to comply with these Terms. We may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.

C. User Content Warranty. You represent and warrant to us that (i) you have the rights to grant us the rights that you purport to grant in these Terms; (ii) User Content you provide is accurate and not misleading; and that (iii) User Content you provide is not illegal, obscene, vulgar, harassing, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain viruses or other malicious code, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

5. Restrictions on Use

Except as otherwise agreed in writing, you will not:

  • interfere with, breach or abuse the security measures implemented to limit access and protect the Site, information provided through use of the Site, and the resources used to provide the Site;
  • disrupt or interfere with the operation of the Site or the resources used to provide the Site;
  • transmit through the Site any virus, Trojan horse, or similarly harmful, disruptive or destructive computer program, script or object;
  • monitor, mirror, copy, summarize reverse engineer, reverse assemble, decompile or create any derivative work from some or all the Site or any materials used to provide the Site (including any underlying software);
  • use another person's account or password to access the Site without that person’s express permission or otherwise obtain unauthorized access to the Site or information of another person;
  • use the Site in any manner or for any purpose that violates any applicable law, ordinance, statute, treaty, rule, or regulation, including without limitation the Family Educational Rights and Privacy Act (FERPA) and Children's Internet Protection Act (CIPA), or any other manner or purpose that would expose us or our service providers to civil or criminal liability;
  • use the Site to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the Site for commercial purposes;
  • use the Site in any manner that could reasonably be expected to damage, disable, overburden or impair access to or the functionality of the Site; or
  • attempt, or permit, encourage or authorize any other person to do any of the foregoing.

We reserve the right at our sole discretion to place additional restrictions on your use of the Site, including, but not limited to placing limits on the total amount of information or materials which can be uploaded or stored.

6. Intellectual Property Rights

A. Generally. Van Andel Education Institute and its licensors retain all right, title, and interest in and to Site and any information, products, documentation, software or other materials on the Site and any and all patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except as otherwise provided in these Terms of Use or as indicated on the Site.

B. Copyright. The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Van Andel Education Institute’ prior written permission.

C. Trademarks. Unless otherwise noted, all company names, trade dress, trademarks, and service marks on the Site are marks of Van Andel Education Institute in the United States, or its affiliates or other companies under common ownership or control, or its or their licensors (the "Marks"). The use or misuse of any Marks or any other content contained on the Site, without the prior written permission of their owner, is expressly prohibited.

7. Third Party Content

Please be aware that when you are on the Site, you could be exposed to third party materials or directed to other sites that are beyond Van Andel Education Institute’s control, and we are not responsible for the content or practices of any third party content or link contained on the Site. We provide such content and links only as a convenience to you. We have not endorsed, tested or verified any third party information, programs, companies or products. We make no warranties or representations regarding such third party content or sites. If you decide to access any third party content or sites, you do so entirely at your own risk. Use of any third-party content on the Site does not constitute an endorsement of that third party.

8. DISCLAIMER OF WARRANTIES.

THE SITE, INCLUDING ALL SERVICES, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY VAN ANDEL EDUCATION INSTITUTE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPLIANCE WITH LAW OR EDUCATIONAL STANDARDS, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. VAN ANDEL EDUCATION INSTITUTE MAKES NO REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE VAN ANDEL EDUCATION INSTITUTE, ITS AFFILIATES, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS (COLLECTIVELY, THE “VAN ANDEL EDUCATION INSTITUTE RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS OR YOUR USE OF THE SITE.

YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND VAN ANDEL EDUCATION INSTITUTE MAKES NO COMMITMENT TO UPDATE SUCH SERVICES. VAN ANDEL EDUCATION INSTITUTE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. ALL REFERENCES TO THIRD PARTIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

9. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VAN ANDEL EDUCATION INSTITUTE BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

10. Indemnification.

You agree to indemnify and hold the Van Andel Education Institute Released Parties harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms or any other applicable policy. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.

11. General Terms.

A. Fees. Fees paid to access the Site (“Subscription Fees”), if any, are non-cancellable and non-refundable unless otherwise agreed to in writing by Van Andel Education Institute. You shall be responsible for any taxes, withholdings, duties and levies arising as a result of the Subscription Fees or your use of the Site or related services (excluding taxes based on the net income of Van Andel Education Institute). Subscription Fees are valid for one (1) year commencing upon the receipt of payment. Thereafter you will have an opportunity to renew your subscription.

B. Third Party Service Providers. We may use third party service providers to help develop and maintain the Site and to provide specific services offered through the Site. You agree that the terms and conditions set forth in these Terms, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by us. All references to Van Andel Education Institute are deemed to include its agents and service providers. All agents and service providers of Van Andel Education Institute will be authorized to use your personal information as stated in, and in accordance with, our Privacy Policy.

C. Termination and Site Modification. Van Andel Education Institute may terminate your access to this Site at any time and for any reason without prior notification. Additionally, Van Andel Education Institute may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms or under any other applicable policy without prior notice. You agree that we will not be liable to you or any third party for any termination of your access to this Site. Provisions that survive termination of these Terms are those relating to intellectual property, ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

D. Modification to Terms. Van Andel Education Institute reserves the right to change these Terms and and/or any of its other terms, conditions, and rules relating to the Site, at any time in its sole discretion. Although we may attempt to notify you when major changes are made to these Terms, you should from time to time review the then-current Terms because they are binding on you. You are responsible for regularly reviewing the Site and these Terms regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

E. Applicable Law. We and you agree that all disputes and litigation regarding the Terms and/or the Site, and matters connected with its performance or relating to the use of the Site, will be governed, construed, and enforced in accordance with the laws of the State of Michigan and without the application of choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. We and you each irrevocably agree and consent to the exclusive jurisdiction of state and federal courts located in the State of Michigan for the resolution of claims, disputes, and controversies under this Agreement.

F. Limitation on Claims. Any cause of action you may have with regard to the use of the Site must be instituted within one (1) year after the claim or cause of action arises or is deemed forever waived and barred.

G. Severability and Waiver. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms shall remain in full force and effect. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms.

H. Assignment. You may not assign your rights and obligations under these Terms without our prior written consent.

I. Entire Agreement. The Terms embody the entire agreement and understanding between us and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms will affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.

Please contact us with any questions or comments about the Site or these Terms of Use by email at nexgeninquiry@vai.org or by mail at:

Van Andel Education Institute Science Academy
333 Bostwick Ave. NE
Grand Rapids, MI 4950