XTC® Terms of Use

Last Updated: May 16, 2019

Welcome to extremetechchallenge.org (together with all other XTC web pages, the "Site"), which is provided by Extreme Tech Challenge (“XTC,” "we," "our," or "us") to the person accessing the Site ("you" or "your").

XTC is a California non-profit public benefit corporation organized to promote education and science by supporting technology for good. Among other things, XTC sponsors the Extreme Tech Challenge competition (the “XTC Competition”), which is dedicated to using technology to solve global problems.

Our Site provides you with information about our organization, the XTC Competition, and other relevant information.

  1. You Agree to These Terms by Using the Site

    1. By accessing and using the Site, including creating an account, you accept and agree to be bound by these Terms of Use and any related policies (“Terms”) and XTC's Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by XTC in accordance with the Privacy Policy.
    2. We may change or modify these Terms at any time. If we make any changes or modifications, we will indicate, at the top of these Terms, the date that these Terms were revised. Your continued use of the Site and Services after any such changes constitutes your acceptance of the new Terms.
    3. If you do not agree and accept, without limitation or qualification, these Terms and our Privacy Policy, you must exit the Site immediately. You may not modify these Terms except in a writing signed by XTC.
    4. You affirm that you (a) are at least the age of majority in your jurisdiction (eighteen (18) years old in most places), (b) have full power and authority to enter into these Terms, and (c) will not violate any other agreement to which you are a party by entering into these Terms.
    5. NOTE: If you elect to participate in the XTC Competition, you will need to enter into a separate agreement as a contestant and agree to any other agreements, rules and regulations applicable to the XTC Competition and any prizes (collectively, the “Contestant Agreement”). If there is any conflict between these Terms and the Contestant Agreement, the terms and conditions of the Contestant Agreement will take precedence. These Terms will not transfer your intellectual property used in the XTC Competition under the Contestant Agreement.
  2. Accounts

    1. Creating an Account. Entering the XTC Competition and obtaining access to certain other content, services or benefits we may provide through the Site (the “Services”) will require you to create an account with us. If you create an account, you agree to provide true, accurate and current information about yourself, as required on our registration form.
    2. You grant us the right to independently verify any information that you provide by creating an account or using the Services, including information about yourself—although XTC does not routinely undertake, nor do we have any obligation to undertake, any such verification. Please note that if you do not provide complete and accurate information, you may not be allowed to create an account or access the Services.
    3. Account Password and Security. You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services.
  3. Use of the Site and Services

    1. Non-Commercial Use. The content and Services provided on our Site are provided solely for your personal, non-commercial use (unless superseded by the Contestant Agreement). You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site.
    2. Prohibited Actions. You agree that you will not:
      1. Modify, copy, reproduce, display, perform, create derivative works from, republish, upload, post, transmit, distribute, and/or exploit any intellectual property from this Site or related Services in any way (including by e-mail or other electronic means) without our express prior written consent.
      2. Use this Site or the Services for any purpose that is unlawful or contrary to these Terms.
      3. Use this Site or the Services in any manner that could damage, disable, overburden, or impair this Site or the Services or interfere with any other party’s use and enjoyment of them.
      4. Attempt to gain unauthorized access to any account, computer systems or networks associated with this Site or the Services.
      5. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site or the Services.
    3. Changes. Our Services are constantly evolving and changing. As a result, the Services may change at any time and without prior notice. XTC retains the right to, among other things, add, change, update, discontinue, suspend or limit the Services at any time at XTC’s sole discretion.
    4. Disclosure of Information. We reserve the right at all times to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion
  4. XTC Intellectual Property Rights

    1. The Extreme Tech Challenge and XTC names and logos are trademarks of Extreme Tech Challenge. Other trademarks used and displayed on the Site are the trademarks of their respective owners.
    2. All content included on this Site, such as text, graphics, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of XTC, its affiliated companies or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of XTC and protected by U.S. and international copyright laws. We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter relating to the Site and the Services. Except as expressly provided in these Terms, the provision of the Services and the furnishing of information and other content does not give you any license to use these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
  5. User Content

    1. The Site may offer opportunities to post content, provide comments and feedback to us and other users, and otherwise publicly interact with us and other users (“User Content”). Do not submit any User Content that you consider proprietary or confidential under these Terms unless you are willing to make the representations and grant us the rights below.
    2. You represent and warrant that you have all necessary rights, including all copyrights, trademarks and rights of publicity, to use the User Content as contemplated under these Terms. You hereby grant XTC a non-exclusive, worldwide, royalty free, transferable, sublicensable, perpetual and irrevocable license to copy, display, perform, distribute, create derivative works and otherwise use your User Content for any XTC-related purpose.
    3. For the avoidance of doubt, any materials you submit to us as part of your application to participate in the XTC Competition will be governed by your Contestant Agreement.
    4. You may not post any User Content that is unlawful, harassing, defamatory, vulgar, obscene, hateful, sexually explicit or otherwise objectionable. We may, but are not required to, review User Content. If we determine, in our sole discretion, that there are any violations of our Terms, we may remove or edit User Content, or suspend or terminate accounts with or without notice to you.
    5. You are solely responsible for your User Content, your use of the Site and Services and your interaction with reliance on other users. You further understand that you may be exposed to content from others that is offensive, indecent or objectionable.
  6. No Warranties; Disclaimer; Limitations on Liability

    1. No Warranties. The Site, its content, materials, and Services are provided “as is”. XTC does not make any warranties or representations regarding the use of any materials on the Site or through the Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. XTC does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. XTC does not make any warranties or representations regarding the security of your personal information. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
    2. We do not endorse and are not responsible for (i) the accuracy or reliability of any opinion, advice, or statement made through the Services by any party, (ii) any content provided on or capabilities or reliability of any product, or (iii) any service available from linked websites.
    3. Disclaimer. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, XTC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    4. Limitation of Liability. XTC AND OUR AFFILIATES, AGENTS, PARTNERS, DONORS AND SPONSORS (COLLECTIVELY, THE “XTC PARTIES”) ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE XTC PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THE SITE OR SERVICES IS LIMITED TO U.S.$100. Some jurisdictions do not permit limitations of liability, so the above limitations may not apply to you.
  7. Indemnification

    1. You agree to indemnify, defend, and hold harmless the XTC Parties from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or arising out of your access to or use of the Services (including any use by your employees or agents), your breach of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or anybody using your account.
  8. Third-Party Links; App Distributors; Integrated Services

    1. Linked Sites. We may link to websites operated by third parties (“Linked Sites”) as a way to try and provide increased value to you. We have no control over these Linked Sites, all of which may have separate privacy and data collection practices, independent of and different from XTC. Linked Sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, XTC expressly disclaims any responsibility for such sites.
    2. XTC does not endorse the content, or any products or services available, on any third party sites. Nonetheless, we always want to protect the integrity of our Site, including any links on the Site. Therefore, we hope that you will provide us with feedback not only on our Site, but also on these third party sites that we may link to (including whether a specific link does not work).
    3. App Distributors. These Terms are between you and XTC only. We use certain third parties to distribute our applications and may use third parties for other Services. These third parties, such as Apple, Inc., Amazon, Inc. and Google, Inc. (“App Distributors”) have no warranty, maintenance, support or other service obligations with regard to our Services. We, and not the App Distributers, are solely responsible for our Services. You understand and agree that the App Distributors have no obligation to provide maintenance and support services with respect to any of our Services.
  9. Copyright Policy

    1. XTC will investigate claims of and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that any content on the XTC website or any content accessible through the Services has infringed your copyright, you may submit a written notification of claimed copyright infringement to the following Designated Agent:

      legal@extremetechchallenge.org

      or

      XTC
      Attn: Legal Department
      2440 Sand Hill Road, Suite 302
      Menlo Park, California 94025

  10. DMCA Notification

    1. To be effective, the notification must be written and include the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on our Site.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
      4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. After removing material according to a valid DMCA notice, we will immediately notify the individual responsible for the allegedly infringing material that we have removed or disabled access to the material.
  11. Counter Notifications

    1. If you are a registered user of our Services and you feel that material that you have placed online and that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter notification. Section 512 (g)(3) of the DMCA requires that, to be valid, the counter notification must be written and addressed to our Designated Agent (listed above) and must provide the following information:
      1. Your physical or electronic signature, as the registered user;
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
      3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
      4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which XTC may be found, and that you will accept service of process from the person who provided notification under or an agent of such person.
    2. Our Designated Agent will present your counter notification to the person who filed the infringement complaint. Once your counter notification has been delivered, XTC is allowed under the provisions of Section 512 to restore the removed material in not less than ten (10) or more than fourteen (14) days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration.
    3. If you do not comply with all of the requirements of this Copyright Policy, your DMCA notice or counter notification may not be valid. Only DMCA notices and counter notifications should go to our Designated Agent. If you send an email or notice to our Designated Agent without a proper subject line, or for purposes other than communication about copyright claims, we may not acknowledge or respond to your communication. Any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at support@extremetechchallenge.org.
    4. It is our policy to terminate, under appropriate circumstances, any accounts of individuals who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any access by individuals for actual or apparent copyright infringement.
  12. Notice; Electronic Communications

    1. When you visit the Site or send e-mails to XTC, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Site and by other reasonable means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    2. If you create an account, you agree to receive newsletters, promotional materials, and other communications and materials relating to XTC or the Services.
    3. You agree that from time to time we may offer commercial content or display advertising.
  13. Law and Jurisdiction

    1. These Terms and your use of the Site and Services are governed by the laws of the State of California, USA, and controlling U.S. federal law. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms. The courts of general jurisdiction located within Santa Clara County in the State of California will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Site or Services or in which these Terms and/or the Site or Services are a material fact. Use of this Site and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
    2. The Site and certain Services are available to users globally. If you are located outside the U.S., you:
      1. acknowledge and agree that these Terms are only being offered in English, and that if there is any translation of this Agreement, the English version shall govern;
      2. consent to the transfer, storage and processing of your information, including any User Content or personal information, in and to the United States (“U.S.”) and/or other countries; and
      3. acknowledge and agree that the Services you receive from us may be subject to the U.S. export laws and the export or import laws of other countries, and you agree to comply strictly with all such laws and, in particular, you: (a) shall obtain any export, reexport, or import authorizations required by U.S. or your local laws; and (b) understand that U.S. export control laws prohibit the export of certain technical data and software to certain territories, and that no software available from the Services may be downloaded or exported: (i) into (or to a national or resident of) Cuba, Crimea (Region in Ukraine), Iraq, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
  14. Dispute Resolution and Arbitration

    1. Dispute Resolution. If you have any dispute with us, you must first give us an opportunity to resolve the dispute by sending a written description of your claim to us at legal@extremetechchallenge.org. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we acknowledge receipt of this claim description, you may pursue your claim in arbitration as described below.
    2. Binding Arbitration. We each agree that, except as provided below under the section “Injunctive Relief”, and to the extent permitted by law, any dispute relating to these Terms or the Services that are not resolved by our dispute resolution process above may be resolved by binding arbitration to be held in the county of Santa Clara, California, in accordance with the rules then in effect of the American Arbitration Association. The parties will mutually agree on a single arbitrator. If the parties cannot mutually agree, the arbitrator will be appointed by the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The party that does not prevail shall pay all of the costs and expenses of such arbitration, and each party shall separately pay its respective counsel fees and expenses. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages.
    3. Class Action Waiver. We each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis and each waives the right to participate in a class action.
    4. Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.
    5. Injunctive Relief. You agree that any material breach of our intellectual property rights under these Terms will result in irreparable harm to XTC and damages would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, we will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if we seek such an injunction.
  15. Termination

    1. These Terms will continue until terminated. You may terminate these Terms at any time and for any reason by deactivating your account and discontinuing your use of the Services, including but not limited to removing our mobile application(s) and other materials we have provided to you from all of your devices. We may also terminate or suspend your account or your use of the Services at any time and for any reason with or without notice and without liability, including if we reasonably believe that you have violated these Terms, you have created any risks to us, our users or any third party, or we have decided to stop providing the Services
    2. If your account is terminated or you delete any User Content, we will make reasonable efforts to make that User Content inaccessible. However, you acknowledge and agree that any such User Content may be retained in caches or backups and that copies of or references to your User Content may persist indefinitely due to the nature of the Services and the internet.
  16. General

    1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and XTC as a result of this agreement or use of this Site or the Services. XTC's performance of this agreement is subject to existing laws and legal process. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms constitute the entire agreement between the user and XTC with respect to this Site, and except for the Contestant Agreement, it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and XTC with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.