Last Updated: November 24, 2020
Science Interactive reserves the right to make changes to these Terms in its sole discretion at any time. All changes will be effective immediately upon posting to the Site and any access to or use of the Site after changes are posted constitutes your acceptance of those changes. Material changes will be clearly posted on the Site or otherwise communicated to you.
2. Intellectual Property Rights
You acknowledge that the Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, service marks, logos, slogans, names of products and services, documentation, files, materials, other components and content, and the design, selection, and arrangement of content are exclusively the property of Science Interactive or, as applicable, its suppliers and licensors, and are protected by copyright, trademark, and other intellectual property and proprietary rights laws, and that these rights are valid and protectable in all forms, media and technologies existing now or hereinafter developed. Any unauthorized use of any trademarks, service marks, logos, trade dress, copyrighted works, or other intellectual property rights belonging to Science Interactive or any third party is prohibited and may be prosecuted to the fullest extent of the law (including copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications laws and regulations).
The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. The display or delivery of the Site’s content does not transfer to you any proprietary rights in that content.
Except as may be expressly described in these Terms, no licenses or other rights, express or implied, are granted by Science Interactive to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Science Interactive and all such rights are reserved and retained by Science Interactive.
Copyright © 2016–2020 Science Interactive Group LLC. All rights reserved.
3. Your Warranties
You represent and warrant that you have the authority to enter into these Terms, that you will use the Site only as permitted by these Terms, that you will comply with all laws and regulations applicable to your access to or use of the Site, and that all information you provide in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
4. Use Restriction
You will NOT, nor will you permit any person to:
- Access or use the Site for purposes other than as expressly permitted by these Terms; â€¢ Access or use the Site for unlawful purposes;
- Copy, distribute, display, duplicate, sell, send, perform, reproduce, publish, disclose, post, license, rent, reconfigure, reverse-engineer, disassemble, decompile, create derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Site or any part thereof;
- Obscure, remove, or alter any proprietary markings, designations, or notices in or on the Site;
- Engage in data mining or similar data scanning, gathering, or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose;
- Access or use the Site to develop, create, produce, enhance, or add to any database;
- Access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
- Use the Site in any way that infringes on or violates the rights of any other person or entity;
- Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site;
- Submit or provide through or using the Site any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;
- Impersonate or attempt to impersonate another person, business, or Site user;
- Commit fraud or falsify information in connection with your use of the Site;
- Provide inaccurate, incomplete, or out-of-date information via the Site;
- Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks;
- Engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult;
- Develop, assist in developing, or have developed on your own or on any other person’s behalf any software, technology, products, or services that compete with or are substantially similar to the Site;
- Access, use, or analyze the Site for any purpose that is to Science Interactive’s detriment or commercial disadvantage;
- Act maliciously against the business interests or reputation of Science Interactive or any Site user; nor
- Use the Site as part of any effort to compete with Science Interactive or to provide services as a service bureau.
Additionally, our provision of the Site may be subject to United States export control laws or economic sanctions requirements. By accessing or using the Site, you represent and warrant that your license, purchase, and/or use, as applicable, complies with all of those laws and requirements.
5. Termination of Access
Science Interactive may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Site, and may terminate these Terms, including if you breach these Terms or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
6. Science Interactive Accounts
7. Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCIENCE INTERACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, OR NONINFRINGEMENT, AND ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
SCIENCE INTERACTIVE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SCIENCE INTERACTIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE. SCIENCE INTERACTIVE DOES NOT WARRANT THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SITE IS ACCURATE OR RELIABLE. SCIENCE INTERACTIVE DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, OR TIMELINESS OF THE SITE. SCIENCE INTERACTIVE HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.
YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ACCESS THERETO MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, WIRELESS NETWORKS, TELECOMMUNICATIONS, AND ELECTRONIC COMMUNICATIONS. SCIENCE INTERACTIVE IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF SCIENCE INTERACTIVE’S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, WIRELESS NETWORKS, AND ANY THIRD-PARTY SOFTWARE.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY LOCATION OTHER THAN THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES ACT ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL OR OTHER LAWS AND REGULATIONS.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM SCIENCE INTERACTIVE OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCIENCE INTERACTIVE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (TOGETHER, “SCIENCE INTERACTIVE PARTIES“) BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES OR LOSSES, ARISING AS A RESULT OF OR IN CONNECTION WITH THE SITE OR YOUR ACCESS TO OR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE PROVISION OF PERSONAL INFORMATION AND ANY RELIANCE ON CONTENT PROVIDED ON OR ACCESSED USING THE SITE) OR INABILITY TO ACCESS OR USE THE SITE, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF A SCIENCE INTERACTIVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT SCIENCE INTERACTIVE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OTHER SITE USERS.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE SCIENCE INTERACTIVE PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Science Interactive Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, awards, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with: your access to or use of the Site; any breach of these Terms by you; your misuse of or reliance on any material, data, or other information obtained from the Site; your submission of information, documents, and other content (including personal information) using the Site; your violation of or noncompliance with applicable laws or regulations; or your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
10. Third-Party Websites and Services
The Site may link to or be linked to websites and services that are not maintained by, controlled by, or related to Science Interactive. Those links are provided as a convenience to you, are not sponsored by or affiliated with our Site or Science Interactive, and do not imply our endorsement of any such website or its contents. We have not reviewed and are not responsible for reviewing any third-party websites or services and we are not responsible for the content or any form of transmission received from linked websites or services. Third-party websites and services are accessed at your own risk, and we make no representations or warranties about the content, completeness, or accuracy of those websites or services.
11. Linking to the Site
If you operate a website and are interested in linking to the Site or any part thereof or any related services (including the Science Interactive online learning platform): (a) the link must be a text-only link unless you request a graphic badge from Science Interactive, in which case you may use any graphic badge provided by Science Interactive to link to the Site, and, in any case, the link must be and clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Science Interactive’s names or trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Science Interactive; and (e) the link, when activated by a user, must display the Site full-screen and not within a frame or mirror. Science Interactive reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
12. No Agency
Science Interactive is an independent contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Science Interactive as a result of these Terms. Neither party has any authority to contract for or bind the other party in any manner or make any representation or commitment on behalf of the other party.
Science Interactive welcomes comments regarding the Site. If you submit comments or feedback regarding the Site, they will not be considered or treated as confidential. Provided that they do not contain personal information, we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You will not assign these Terms without our prior written consent. Any attempted assignment by you will be void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties’ respective successors and assigns.
15. Governing Law and Venue
These Terms are and will be governed and interpreted by the laws of the state of Colorado and, as applicable, the federal laws of the United States of America. The United Nations Convention for the International Sale of Goods does not apply. You also agree to the exclusive venue of the state or federal courts located in Arapahoe County, Colorado, for any dispute between you and Science Interactive that arises out of or relates to these Terms or the Site, and you specifically consent to the personal jurisdiction of those courts. You will not bring any action or other claim with respect to the Site more than one (1) year after the claim arises.
16. Entire Agreement; Interpretation
17. Force Majeure
Neither Science Interactive nor its third-party service providers will be liable to you or any other person, or responsible, for any failure to perform or delay in performing under these Terms where such failure or delay has arisen, is due to, or is anticipated to arise as a direct or indirect result of: fire, earthquake, storm, flood, hurricane, tornado, inclement weather, act of God, war, terrorism, explosion, sabotage, industrial accident, civil insurrection, or industrial strike; denial of service attacks, telecommunications failure, Internet failure, hardware failure, or any failure of software provided by a third party; a significant demand is placed on the Site that is above the usual level of demand and results in a failure of the Site to function properly; the failure of any third party (including, without limitation, any bank or other financial organization) to fulfill any obligations owed to Science Interactive; or any other circumstances or events that are beyond the control of Science Interactive.
18. Electronic Communications
These Terms and any other documentation, agreements, notices, or communications between you and Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms and all documentation, agreements, notices, and other communications for your reference.
19. Contact Us
Please direct any questions and concerns regarding these Terms or the Site to us by email at firstname.lastname@example.org, by telephone at 866.206.0773, or by mail at Science Interactive, 86475 Gene Lassere Blvd #3378, Yulee, FL 32097, U.S.A.