Terms of Service - gainingSTEAM

Effective Date: May 9, 2026

Welcome to gainingSTEAM. These Terms of Service ("Terms") govern your access to and use of the gainingSTEAM website (gainingsteam.net), volunteer signup system, and related services (together, the "Services"). By using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

gainingSTEAM is a 501(c)(3) non-profit organization registered in the State of Nebraska. References to "we," "our," or "us" mean gainingSTEAM. References to "you" or "your" mean any individual using the Services.

Eligibility

The Services are intended for adults age 16 and older. If you are under 16, you may use the Services only with the direct involvement of a parent or guardian who agrees to these Terms on your behalf. We do not knowingly collect personal information from children under 13 (see our Privacy Policy).

Accounts

Some Services (such as volunteer signup) require you to create an account. When you create an account, you agree to:

Provide accurate, current, and complete information.
Keep your account information updated, including any contact email or phone number we may need to reach you about events.
Keep your account credentials secure. You are responsible for activity that occurs under your account.
Notify us promptly if you believe your account has been compromised.

You may sign in using a federated identity provider (Google, Microsoft, or Facebook). When you do, those providers handle authentication on our behalf. See our Privacy Policy for what information we receive from them, and see Data Deletion for how to remove your account.

Acceptable Use

You agree not to:

Use the Services for any unlawful purpose, or to harass, harm, or defraud any person.
Impersonate any person or misrepresent your affiliation with gainingSTEAM or any other organization.
Sign up for volunteer shifts you do not intend to fulfill, or repeatedly cancel shifts in a way that disrupts events.
Attempt to access accounts, data, or systems you are not authorized to access.
Probe, scan, or test the vulnerability of the Services without our written permission.
Use automated tools (bots, scrapers, etc.) to access the Services in a way that imposes an unreasonable load.
Upload or transmit material that contains malware, viruses, or any other harmful code.
Post or transmit content that demeans or discriminates against any person or group on the basis of real or alleged membership in a social group, including (without limitation) race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, age, or disability.

gainingSTEAM has the right, but not the obligation, to monitor, regulate, or remove content posted to the Services and to enforce these Terms in any manner we determine, in our reasonable discretion, to be appropriate. Our decision not to act on a particular violation does not waive our right to act on the same or similar violations in the future.

Volunteer Conduct

Volunteers represent gainingSTEAM at events that often include children, families, schools, and community partners. When volunteering through gainingSTEAM, you agree to:

Treat participants, families, fellow volunteers, and event partners with respect.
Follow the safety and conduct guidance provided by event leads.
Disclose any background-check or eligibility requirements that apply to your role and complete them as requested.
Not photograph or share images of minors without explicit permission from event organizers and the minor's parent or guardian.

We reserve the right to decline or end any individual's participation as a volunteer for any reason consistent with our mission and the safety of participants.

No Agency or Employment Relationship

Nothing in these Terms creates an agency, partnership, joint venture, employer-employee, franchiser-franchisee, or independent-contractor relationship between you and gainingSTEAM. Volunteers serve gainingSTEAM voluntarily and are not employees, agents, or contractors of gainingSTEAM. You have no authority to bind gainingSTEAM or to make representations on its behalf except as expressly authorized in writing by an officer of gainingSTEAM.

Intellectual Property

All content on the Services — including text, graphics, logos, photos, and software — is owned by gainingSTEAM or licensed to us, and is protected by copyright and other intellectual property laws. You may view and print pages from the Services for personal, non-commercial use. You may not reproduce, distribute, or create derivative works from our content without prior written permission.

If you submit content to the Services (for example, a comment or volunteer profile information), you retain ownership of that content but grant gainingSTEAM a worldwide, non-exclusive, royalty-free license to use, store, and display that content in connection with operating the Services.

Third-Party Services and External Links

The Services rely on third-party providers including authentication providers (Google, Microsoft, Facebook), hosting infrastructure (Microsoft Azure), and payment processors (such as PayPal for donations). Use of those services is subject to their respective terms and privacy policies. We are not responsible for the availability, content, or practices of third-party services.

The Services may also contain links to websites or resources operated by sponsors, partner schools, event hosts, and other organizations. The inclusion of any such link does not imply endorsement, sponsorship, or verification of the linked site by gainingSTEAM. We have no control over the content, policies, or practices of those external sites and are not responsible for them.

Disclaimer of Warranties

The Services are provided "as is" and "as available," without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, gainingSTEAM disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

You agree that you are using the Services at your own risk and that gainingSTEAM is not responsible for, and you agree not to hold us liable for, any damages or losses resulting directly or indirectly from:

Your use of, or your inability to use, the Services;
Delays, disruptions, or temporary unavailability of the Services due to maintenance, technical issues, or circumstances beyond our reasonable control;
Viruses, malware, or other harmful code obtained by accessing the Services or any site linked from the Services;
Bugs, errors, inaccuracies, or omissions in the Services or in the information and graphics obtained from them, including event schedules, dates, or program details;
The content, actions, or inactions of third parties (including other users, sponsors, partner organizations, and operators of linked sites);
Personal injury or property damage, of any nature, resulting from your access to or use of the Services (this disclaimer is in addition to, not in place of, any separate event-specific waiver, release, or insurance arrangement that may apply at in-person gainingSTEAM events);
Defamatory, offensive, or unlawful conduct of any other user or third party communicated through the Services; or
A suspension, termination, or other action taken with respect to your account in accordance with these Terms.

Information on the Services about events, schedules, and programs is provided in good faith but may change without notice. You should confirm time-sensitive details (event start times, locations, registration deadlines) with the relevant event lead before relying on them.

Limitation of Liability

To the fullest extent permitted by law, gainingSTEAM and its directors, officers, employees, and volunteers will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. Our total aggregate liability to you for any claim arising out of or related to the Services will not exceed the greater of (a) the amount you paid to gainingSTEAM in the 12 months before the claim arose, or (b) one hundred U.S. dollars (US$100).

Indemnification

You agree to defend, indemnify, and hold harmless gainingSTEAM and its directors, officers, board members, employees, volunteers, and authorized agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of (a) your use of the Services, (b) your breach of these Terms, (c) your violation of any law or the rights of any third party, or (d) any content you submit to the Services.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the Effective Date at the top of this page and post the updated Terms on the Services. Updated Terms become effective 30 days after they are first posted, except that changes required by law or that address a security or operational issue may take effect immediately. Where appropriate, we will also notify account holders by email.

Your continued use of the Services after the updated Terms take effect constitutes your acceptance of them. If you do not agree to the updated Terms, you may stop using the Services and request deletion of your account (see Data Deletion) before the new Terms take effect.

Termination

You may stop using the Services at any time. To delete your account and associated data, see Data Deletion. We may suspend or terminate access to the Services for any user who violates these Terms or whose conduct we determine, in our reasonable judgment, is harmful to other users, our mission, or our partners.

Suspension or termination of an account by gainingSTEAM does not entitle the affected user to any claim for compensation, damages, or reimbursement, except where required by applicable law.

The following sections survive termination of these Terms or your account: Intellectual Property, No Agency or Employment Relationship, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and the General Provisions below.

Service Interruption and Modifications

gainingSTEAM may interrupt the Services from time to time for maintenance, security updates, system upgrades, content updates, or other operational reasons. We will make reasonable efforts to schedule planned interruptions outside high-traffic periods (such as the day of a tournament) and to notify users in advance where practical, but we do not guarantee advance notice of every interruption.

The Services may also be unavailable due to circumstances beyond our reasonable control, including infrastructure outages, internet routing failures, denial-of-service attacks, severe weather, power loss, or other force majeure events. gainingSTEAM is not liable for unavailability arising from such circumstances.

We also reserve the right to modify, add to, or discontinue features of the Services at any time. If we discontinue the Services entirely, we will make reasonable efforts to give account holders advance notice and to allow data export or deletion before shutdown.

Governing Law

These Terms are governed by the laws of the State of Nebraska, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Services will be brought exclusively in the state or federal courts located in Douglas County, Nebraska, and you consent to the personal jurisdiction of those courts.

General Provisions

Severability

If any provision of these Terms is found to be invalid, void, or unenforceable, that provision will be interpreted, construed, and reformed to the extent reasonably necessary to render it valid, enforceable, and consistent with its original intent. If reformation is not possible, the provision will be deemed severable and the remaining provisions will continue in full force and effect.

No Waiver

Our failure to enforce any provision of these Terms, or to act on any breach by you or other users, does not waive our right to enforce that provision or act on similar breaches in the future. We do not guarantee we will take action against every breach.

Entire Agreement

These Terms, together with our Privacy Policy and Data Deletion policy, constitute the entire agreement between you and gainingSTEAM regarding the Services and supersede any prior agreements or understandings, whether oral or written, on the same subject. Any oral statements or representations not contained in these Terms have no effect.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or transfer of substantially all of our assets, or to a successor non-profit organization carrying on our mission.

Headings

Section headings are provided for convenience only and do not limit or affect the interpretation of these Terms.

Contact Us

If you have questions about these Terms, please contact us:

Email:[email protected]

Address: 1937 S 48th Street, Omaha NE 68106