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Untitled Document
YOUR USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS OF USE;
SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY
ACCESSING OR USING ANY PART OF THIS WEBSITE, OR ANY CAROLINA BIOLOGICAL SERVICE
OR SOFTWARE THAT ACCESSES OR USES THIS OR ANY CAROLINA BIOLOGICAL WEBSITE OR
ONLINE SERVICE (COLLECTIVELY "ONLINE SERVICES"), YOU AGREE THAT YOU HAVE READ,
UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE UNDER THE AGE OF
18, REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND
YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO BE BOUND BY IT. IF YOU DO NOT
AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS
WEBSITE OR USE ANY SERVICE OR SOFTWARE TO ACCESS OR USE THIS WEBSITE.
Scope of Agreement
These Terms of Use ("Terms") apply to each Carolina Biological Website, which
includes www.carolina.com, www.carolinacurriculum.com, www.iTeach.carolina.com,
www.iLearn.carolina.com, iteachinquiryblog.com and any other Internet site on
which these Terms are posted. These Terms constitute the entire agreement
between you and Carolina Biological and any and all entities that control, or
are controlled by, or are affiliated or under common control with Carolina
Biological (collectively referred to throughout these Terms as "we," "us" or
"our") and constitute the entire agreement relating to our Online Services,
superseding all prior or contemporaneous statements, whether electronic, oral or
written.
Note that additional special terms may apply to some of the services offered
on Carolina Biological websites. Any special terms will be posted in connection
with the applicable service and are in addition to these Terms. In the event of
a conflict between these Terms and any special terms, the special terms will
prevail over these Terms, with respect to the associated services.
Through your use of our website or receipt of information and materials
available at or through a Carolina Biological website you acknowledge that these
Terms are supported by reasonable and valuable consideration, the receipt and
adequacy of which are hereby acknowledged.
Password and Security
Portions of Carolina Biological’s websites are secure and may require you to
register in order to participate in those areas. User accounts issued for
Carolina Biological’s websites are for individual use only and you are solely
responsible for maintaining the confidentiality of your user name and password.
You agree to provide accurate and complete information about yourself when
registering or otherwise providing information regarding your account and to
update your account data to keep it accurate and complete and to log out when
you conclude each session. You agree that we may store and use the information
you provide for maintaining your account. You also agree not to misrepresent
your identity or affiliation with any person or entity, including (but not
limited to) using another person's username, password or other account
information. Violations of our security systems may result in civil or criminal
liability. You agree to notify us immediately of any unauthorized use of your
password or account or any other breach of security. We will take every effort
to ensure your online security, but cannot and will not be liable for any loss
or damage arising from your failure to comply with these provisions.
By accessing or using this website, or using any services or software that
access or use this website, you consent to the terms of our Privacy Policy and
Children’s Information Privacy Policy, which can be accessed using the links at
the bottom of any page of any Carolina Biological website. The Privacy Policy
and Children’s Information Privacy Policy may be changed from time to time and
are incorporated into these Terms by reference.
User Conduct
Our websites are intended for educational and entertainment purposes,
primarily for the use and enjoyment of teachers, educators, students, parents
and families. You agree to use this website only for such purposes. You may not
use this website for any other purpose, including any business or commercial
purpose, without Carolina Biological's express prior written consent. Any
unauthorized commercial use of this or any Carolina Biological website, server
or related services, or the resale of related services, is expressly prohibited.
As a condition of your use of our Online Services, you expressly agree that
you will not use our websites, software, or other products or services for any
purpose that is unlawful or prohibited by these Terms. You agree to abide by all
applicable local, state, federal and international laws and regulations and are
solely responsible for all acts or omissions that occur when you are logged in,
including the content of any information submitted or posted on this website.
Students, parents and teachers using any Carolina Biological website are
responsible for good behavior just as in any school activity and are governed by
applicable electronic communications policies.
Use of Content
You acknowledge that our sites contain content that is protected by
copyrights, trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All information, files, materials,
functions and other content accessible from any Carolina Biological website, or
otherwise controlled by Carolina Biological ("Content") is the proprietary
material of Carolina Biological or the party that provided or licensed the
Content to Carolina Biological. All Content is or may be copyrighted as a
collective work under the U.S. copyright laws, and Carolina Biological owns a
copyright in the selection, coordination, arrangement, and enhancement of
Content on our sites. The display or delivery of Content does not transfer to
you any proprietary rights in the Content. Any downloading or printing
capabilities are solely an accommodation to you and shall not constitute a
grant, waiver, or other limitation of any rights of the copyright owners in any
Content. You may not copy, distribute, display, send, perform, reproduce, or
create derivative works from, any information, content, software, products or
services obtained from, or otherwise connected to, any Carolina Biological
website other than as explicitly directed by us. You may not modify, remove,
delete, augment, add to, publish, participate in the transfer or sale of, or in
any way exploit any Content, in whole or in part.
Any Content on any Carolina Biological website that is configured for
downloading, such as workshop downloads, care sheets and dissection activities
and resources, may be downloaded for your personal, noncommercial use only,
provided that you do not: (a) remove, alter or modify any copyright, trademark,
trade name, service mark or other proprietary notices; (b) modify the Content;
or (c) use the Content in a way that suggests an association with any of our
products, services or brands.
Carolina Biological is a distributor and not a publisher of certain Content
supplied by third parties and users (referred to as “Third Party Content” and/or
“User Generated Content”). Carolina Biological has no editorial control over
such Content. Carolina Biological is not obligated to review Content, including
Third Party Content, User Generated Content or any Content. Any opinions,
advice, statements, services, offers, or other information that constitutes part
of Content, including User Generated Content, Third Party Content or any
Content, expressed or made available by third parties, including any other user,
are those of the respective authors or distributors and not of Carolina
Biological or any Carolina Biological Content provider or affiliate, unless
expressly stated otherwise. Neither Carolina Biological nor any Carolina
Biological Content provider makes any representation, warranty or guarantee on
the accuracy, completeness, or usefulness of any Third Party Content unless
otherwise expressly stated. In many instances, the Content, including User
Generated Content, User Generated Content or any Content, available through any
Carolina Biological Site represents the opinions and judgments of the third
party that provides such Content. Under no circumstance shall either Carolina
Biological or any Carolina Biological Content provider be liable for any loss,
damage or harm caused by your reliance on information obtained through any
Carolina Biological Site. It is your responsibility to evaluate the accuracy,
completeness or usefulness of the information, opinion, advice, or Content,
including User Generated Content, Third Party Content or any Content, available
through any Carolina Biological Site.
Any software downloads that are offered on a Carolina Biological website,
including any files, text, sound, images and other material incorporated in or
generated by the software, are licensed to you for your personal use only. The
owner of such licensed software, whether a third party or Carolina Biological,
retains all rights, title and interest in the software and you may not copy,
distribute or otherwise exploit the software or decompile, reverse engineer or
otherwise attempt to discover any of the source code or assist someone else in
such prohibited behavior. Certain Content may include security technology that
limits your use of such Content and you acknowledge that, whether or not Content
is limited by security technology, you must use Content in compliance with the
applicable usage rules established by Carolina Biological and its licensors, and
that any other use of the Content may constitute a copyright infringement.
You are responsible to protect any Content that you download and Carolina
Biological will not be responsible for Content that is lost, destroyed or
damaged for any reason. Carolina Biological reserves the right to change any
Content, as well as eligibility for access to any particular Content, without
notice. You acknowledge that, if we make such a change, you may not be able to
use Content to the same extent as prior to such change and that Carolina
Biological shall have no liability to you in such case. Discontinued or
currently unavailable merchandise also may be removed from our website. If you
are unable to locate a product, a service or the information that you recall
from a previous visit, please send us an email and we will make every effort to
assist you to the extent appropriate.
Carolina cannot and does not guarantee the contents or security of electronic
files located on our sites. Accordingly, we cannot assure that users will not be
exposed to inappropriate material.
All Content is subject to the restrictions described above, regardless of
whether it is offered free of charge or for a fee.
Your Submissions to Our Websites
The provisions of this section apply if you submit, post, upload, embed,
display, communicate or otherwise distribute any message, idea, concept,
drawing, photograph, graphic, video, audio or other material or information,
regardless of medium, format or form, through a Carolina Biological website
(“Submissions"). Do not make any Submission until you have thoroughly reviewed
and acknowledged all provisions of these Terms of Use applicable to Submissions.
Each time you provide a Submission you will be confirming your acceptance of and
agreement to be bound by these provisions. If you do not agree with these
provisions, you must not make any Submission. Before making each Submission you
must determine that you meet the age and other eligibility requirements set
forth in our Terms of Use, as well as any instructions and restrictions set
forth at the web page through which the Submission is posted. Our policies
regarding Submissions apply regardless of whether a Submission was requested or
voluntarily provided. Please do not make any Submissions to or through our
websites that we do not expressly allow or request you to submit.
You agree that you will not post, send, publish, or transmit any Submission
that:
- Violates any copyright, patent, trademark, trade secret,
intellectual property or other proprietary or contractual right; or
- Advertises any commercial or business endeavor (for
example, offering products or services) or otherwise engages in any
commercial activity (for example, conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services) except as may be
specifically authorized by us;
- Harms or can reasonably be expected to harm any person
or entity, including but not limited to material that is a violation of
privacy, defamatory, abusive, harassing, threatening, or exploits or harms
children by exposing them to inappropriate content; or
- Is illegal or encourages, advocates or discusses illegal
activity; or
- Openly seeks, or passively collects, personal or
personally identifiable information about or from others; or
- Includes programs that contain viruses, worms and/or
Trojan horses or any other computer code, files or programs designed to
interrupt, destroy or limit the use or enjoyment of any our websites; or
- Otherwise violates any provision of these Terms.
Carolina Biological does not endorse any Submission and
expressly disclaims any and all liability in connection with any Submission.
Carolina Biological may refuse or remove any Submission that, in its sole
judgment, violates these Terms. You are solely responsible for any Submission
you submit to any of our websites.
Some of our websites may contain communications services provided through
forums, bulletin board services, chat areas, message boards, news groups,
communities, personal web pages, calendars, and/or other message or
communication features designed to allow you to communicate with others. You
agree to use such communication services only to make and receive Submissions
that are related to the particular communication service and in accord with
these Terms.
You should be aware that in some instances, your Submissions are public, not
private communications. When you are using the areas of our websites that
publicly display Submissions, you should assume that any Submissions you make to
these areas also are subject to being made public. You should never post any
message that you would not mind seeing on a school or community bulletin board
or in the local newspaper. The privacy of others also should be respected at all
times. If you need permission to use any photos, writings or other material or
any identifying information contained in a Submission, you are responsible for
obtaining documentation of such permission before posting the Submission. We may
prohibit or remove certain Submissions that have been posted in public areas of
our websites, in accord with our policies, but we are under no general duty to
monitor the public posting of Submissions in such areas. When you voluntarily
disclose any personal information (which is further defined in our Privacy
Policy) through any Submission in a public area, that information can be viewed,
collected and used by others and may result in unsolicited messages from other
people, for which we shall have no responsibility.
By providing a Submission to any of our web sites, you hereby grant Carolina
Biological the royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to reproduce, use, copy, sell, distribute, create derivative
works from, perform, and display all or part of the Submission in any form,
media, or technology now known or later developed and to use any Submission or
portion thereof in our business endeavors (including without limitation, for
products or advertising), without liability for providing any credit, royalties
or any other consideration of any kind, and agree not to assert any claim as a
result of any similarities that may appear in our future operations, and forever
waive and relinquish any and all moral rights now or hereafter recognized in
connection with any and all Submissions. We will not, however, claim any title
or ownership rights in your Submission.
In certain instances you may be asked to provide additional information about
yourself and the Submission; all such additional information provided also shall
be considered a Submission. By providing such information you provide permission
for us to use and refer to your name, image and other distinctive
identification. Except in the case of certain Submissions by students or
teachers participating in our online instruction or assistance activities,
Carolina Biological will not be required to treat any Submission as
confidential. However, all such information will be used in a manner consistent
with our privacy policies.
We are not responsible for maintaining any Submission on our site or providing
you with a copy of any Submission that you may have made. Though we advise that
you keep a record of any Submission that you provide to any of our sites, your
proof of what you submitted does not constitute proof of what we received.
Certain areas of our websites might be designed for user collaboration.
Submissions provided in such areas therefore might be made available for use by
other users. You are responsible for paying attention to the activities offered
in each area of our website to which you post a Submission and by providing a
Submission in such collaborative areas you acknowledge and agree that your
Submission may be used accordingly.
By providing a Submission to a Carolina Biological website, you also represent
and warrant that the Submission is your original work, and that it does not
infringe upon or violate any law, agreement or copyright, patent, trademark,
unfair competition, contract, defamation, privacy or publicity rights of any
third party or other rights of any kind.
Access to and use of secure areas of Carolina’s sites is considered a privilege
provided at the discretion of Carolina Biological and its associates and
affiliated school systems. Carolina Biological reserves the right to monitor use
of its websites to determine compliance with these Terms, to investigate any
reported or apparent violation, and to take any action that we in our sole
discretion deem appropriate. We also reserve the right to immediately withdraw
access and use of our sites when there is reason to believe that violations of
law or our policies have occurred. We also reserve the right at all times to
disclose any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, and to edit, refuse to post or to remove
any information or materials, in whole or in part, in our sole discretion.
Submissions provided to any of our websites may be subject to posted limits on
use, reproduction and/or dissemination and you are responsible for abiding by
such limitations with respect to any Submissions that you provide, as well as
any materials that you may download.
The provisions of our Terms of Use providing for indemnification also are
applicable to Submissions.
Termination of Service
If you are dissatisfied with any portion of our Online Services or with these
Terms, you may contact our Customer Service department or discontinue using our
Online Services. Under certain circumstances, we may refund all or some of your
pre-payment for services. This agreement is effective until terminated by either
party. You may ask us to close your account at any time by sending us an email.
We reserve the right to terminate this agreement, as well as your access to any
or all of our websites and the related services or any portion thereof, at any
time, without notice.
Disclaimer and Limitation of Liability
YOU AGREE THAT USE OF ANY PART OF ANY OF OUR WEBSITES OR ONLINE SERVICES IS
ENTIRELY AT YOUR OWN RISK. THE CONTENT ON OUR WEBSITES IS PROVIDED IN GOOD
FAITH, "AS IS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CAROLINA BIOLOGICAL DISCLAIMS ALL
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAROLINA
BIOLOGICAL DOES NOT WARRANT THAT ANY OF OUR WEBSITES OR MATERIALS ON THE
WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT ANY OF OUR WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. CAROLINA BIOLOGICAL DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
CONTENT ON ANY OF OUR WEBSITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE
THAT WE MAY INCLUDE LINKS TO OTHER WEBSITES AND THAT CAROLINA BIOLOGICAL HAS NO
CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND REGARDING SUCH WEBSITES,
AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST CAROLINA BIOLOGICAL WITH
RESPECT TO ANY LINKED WEBSITES.
In no event will Carolina Biological, or any person or entity involved in the
provision of these Online Services, be liable for any damages, including,
without limitation, direct, indirect, punitive, actual, incidental,
consequential, special, exemplary, or other damages, arising as a result of your
use or access to any of the Content on our websites, or inability to use or
access our websites, or arising out of any breach of warranty even if Carolina
Biological has been advised of the possibility of such damages. You specifically
acknowledge that Carolina Biological is not liable for the defamatory,
offensive, or illegal conduct of third parties, including, but not limited to
others that have registered with any of our websites.
Third Party Content and Links
Our websites may be linked to other websites that are not maintained by, or
related to, Carolina Biological. Any links to other websites are provided as a
convenience to you and are not sponsored by or affiliated with our websites or
Carolina Biological and do not necessarily imply our endorsement of any other
website or its contents. We have not reviewed any or all of any linked websites
and are not responsible for the content or any form of transmission received
from linked websites. Linked websites are to be accessed at your own risk, and
we make no representations or warranties about the content, completeness or
accuracy of the websites linked to any of our websites.
Indemnity
You agree to indemnify and hold Carolina Biological, its subsidiaries,
affiliates, licensors, content providers, service providers, employees, agents,
officers, directors, representatives and contractors (“Indemnified Parties”)
harmless from any breach of these Terms by you, including any Submissions or use
of Content other than as expressly authorized in these Terms. You agree that the
Indemnified Parties will have no liability in connection with any such breach,
alleged breach or unauthorized use, and you agree to indemnify any and all
resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees
of the Indemnified Parties arising out of your breach, alleged breach or
unauthorized use. You also agree to defend, indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties arising
out of your use of any of our websites.
Trademarks and Copyrights
Any trademarks, service marks, logos, and copyrighted works appearing in this
website are the intellectual property of Carolina Biological or their owners,
who retain all rights in that respect. Any unauthorized use of such intellectual
property may violate copyright laws, trademark laws, the laws of privacy and
publicity, as well as other communications regulations and statutes. We also
respect the intellectual property rights of others and ask that anyone who uses
or accesses our website do the same. If you believe that your copyrighted work
has been copied or that your intellectual property rights have otherwise been
violated, pursuant to The Digital Millennium Copyright Act, Title 17, United
States Code, Section 512(c)(2) (“the Copyright Act”), notifications of claimed
copyright infringement should be sent to our designated agent, as follows:
Carolina Biological Supply Company
Attention: Copyright Complaint
Post Office Box 6010
Burlington, NC 27216-6010
Under the Copyright Act, any notification of claimed
infringement sent to us must be in writing and substantially include the
following:
- Identification of the copyrighted work or intellectual
property you believe has been infringed, or, if multiple items on our
website are covered by a single notification, a representative list of such
works at that website;
- Identification of the material that you believe is
infringing or the subject of infringing activity and information that is
reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to
contact you, such as an address, telephone number, and, if available, an
email address;
- A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized by the owner,
its agent, or the law; and
- 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.
ANY COPYRIGHT OR OTHER INFRINGEMENT NOTIFICATION THAT DOES
NOT FOLLOW THE ABOVE PROCEDURE WILL BE CONSIDERED INVALID AND MAY NOT RECEIVE A
RESPONSE.
Export
Our provision of goods and services through this website is subject to United
States export control and economic sanctions requirements. By acquiring any
goods and services through this Carolina Biological website, you represent and
warrant that your purchase and or use comports with those requirements.
Modification of Terms
Carolina Biological reserves the right, from time to time, with or without
notice to you, to make changes to these Terms in our sole discretion. Continued
use of any part of our websites constitutes your acceptance of such changes. The
most current version of these Terms, which supersedes all previous versions, can
be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of
any page on any Carolina Biological website.
No Agency
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Carolina Biological as a result of these
Terms or use of any Carolina Biological website.
No Waiver
Any failure to enforce any of the provisions of these Terms shall not be
construed to be a waiver of our right to enforce such provision.
Applicable Law and Venue
Carolina Biological operates its websites from its offices in North Carolina
in the United States. You agree that these Terms will be governed and
interpreted by the laws of North Carolina and the United States of America. You
also agree to the exclusive venue of the state or federal courts of North
Carolina for any dispute between you and Carolina Biological that arises out of,
or relates to, these Terms, and you specifically consent to the personal
jurisdiction of North Carolina courts. We make no representation that the
Content on any Carolina Biological website is appropriate or available for use
in any particular location. Those who choose to access our websites act on their
own initiative and are responsible for compliance with all applicable local or
other laws.
Severability
If any portion of these Terms of Use is unlawful, void or unenforceable, that
portion will be deemed severable from these Terms and will not affect the
validity and enforceability of the remainder of these Terms.
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