Why Science LLC. Website and Poly & Mer

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Terms of Service

These Terms of Service are a contract between you and Why Science LLC, a company with its principle place of business at 5 Science Park, 3rd Floor New Haven, CT 06511 USA (“Why Science”). Why Science operates whyscience.com (“Why Science Site”) and provides a variety of services, professional development tools and web-based tools, to boost science, technology, engineering and math (STEM) learning (collectively the “Service”). By using the Why Science Site and any services accessible from the Why Science Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Why Science Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE WHY SCIENCE SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE WHY SCIENCE SITE AT YOUR OWN RISK.

Your Account.

In order to open an “Account” on the Why Science Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Why Science during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Why Science cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Why Science Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to Why Science’s Privacy Policy.

One person or legal entity may not maintain more than one free Account. Accounts registered by “bots” or other automated methods are not permitted.

License Grants & Restrictions.

Why Science hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Why Science Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Why Science Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Why Science Site. All rights not expressly granted to you are reserved by Why Science and its licensors. You shall not (i) modify or make derivative works based upon the Why Science Site; (ii) reverse engineer or access the Why Science Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Why Science Site, or (c) copy any features, functions or graphics of the Why Science Site. You further acknowledge and agree that, as between the parties, Why Science owns all right, title, and interest in and to the Why Science Site, including all intellectual property rights therein.

Your Responsibilities.

  • You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Why Science Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
  • You shall: (i) notify whyscience.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to whyscience.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
  • You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Why Science Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Why Science Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Why Science Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Impermissible Acts.

As a condition to your use of the Why Science Site, you agree not to:

  • upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
  • phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Why Science Site;
  • upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Why Science Site;
  • reverse engineer, decompile or disassemble any of the software used to provide the Why Science Site;
  • reproduce, duplicate or copy or exploit any other portion of the Why Science Site, without the express written permission of Why Science;
  • interfere with or disrupt the Why Science Site, or any servers or networks connected to the Why Science Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Why Science Site;
  • obtain, collect, store or modify the personal information about other users;
  • modify, adapt or hack the Why Science Site or falsely imply that some other site is associated with the Why Science Site or Why Science; or
  • use the Why Science Site for any illegal or unauthorized purpose. You must not, in the use of the Why Science Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Indemnification.

Why Science will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the Why Science Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which Why Science is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Why Science Site by Why Science; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.

Module Gallery.

In the course of using the Why Science Site, you may create certain templates, graphics or module documents and load or post such documents into the Why Science.com module gallery (“Module Gallery”) for other users. By making such documents available on the Module Gallery, you hereby grant to Why Science a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your contribution in connection with Why Science’s operation of the Why Science Site.

Feedback.

In the course of using the Why Science Site, you may provide Why Science with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Why Science Site (collectively “Feedback”). You hereby grant Why Science a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Payment, Refunds, Upgrading and Downgrading.

A valid credit card is required for paying accounts. Free accounts which provide a limited access to the Service are not required to provide a credit card number. The Why Science Site is billed in advance on a monthly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

You will be billed for your first month immediately upon signing up for a paying account. After signing up for a paying account and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

DOWNGRADING YOUR WHY SCIENCE SITE MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. WHY SCIENCE DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Violation of these Terms of Service.

Why Science reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Why Science may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Why Science has no obligation to pre-screen or monitor your access to or use of the Why Science Site or any information, materials or other content provided or made available through the Why Science Site, but has the right to do so. You hereby agree that Why Science may, in the exercise of Why Science’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation.

You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the Account link in the navigation bar at the top of the screen or writing Why Science a letter to the following address:

5 Science Park, 3rd Floor New Haven, CT 06511 USA

The Account page provides a simple no questions asked cancellation link. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Why Science once your account is cancelled. Please be aware that Why Science may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.

Termination.

Why Science reserves the right to terminate any free Accounts that do not receive a form submission for 6 months or is not logged into for 6 months. Why Science, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Why Science may refuse to provide you any current or future use of the Why Science Site, or any other Why Science Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Why Science once your account is terminated; however Why Science may for a time retain residual information in our backup and/or archival copies of our database.

Why Science reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Why Science Site and Prices.

  • Why Science reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Why Science Site and Service (or any part thereof) with or without notice.
  • Prices of all Why Science Sites, including but not limited to monthly/yearly subscription plan fees to the Why Science Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Why Science Site.
  • Why Science shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Why Science Site.
  • Why Science reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Why Science Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Why Science Site after any such changes shall constitute your consent to such changes.

Copyright and Content Ownership.

We claim no intellectual property rights over the material you provide to the Why Science Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content.

Why Science does not pre-screen Content, but Why Science and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Why Science Site.

Notification of Claims of Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Why Science’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at

terms@whyscience.com

or:

Marcus Wilkinson

Shipman & Goodwin LLP
One Constitution Plaza
Hartford, 06103-1919

Please provide our Agent with the following Notice:

  • Identify the material on the Why Science Site site that you claim is infringing, with enough detail so that we may locate it on the website;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

Why Science will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Disclaimer of Warranties.

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE WHY SCIENCE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. WHY SCIENCE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WHY SCIENCE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. WHY SCIENCE DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WHY SCIENCE SITE WILL BE CORRECTED. WHY SCIENCE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. WHY SCIENCE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WHY SCIENCE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WHY SCIENCE SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE WHY SCIENCE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL WHY SCIENCE OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR WHY SCIENCE SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WHY SCIENCE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR WHY SCIENCE SITE, FROM INABILITY TO USE THE SERVICES OR WHY SCIENCE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR WHY SCIENCE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR WHY SCIENCE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WHY SCIENCE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Why Science or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Why Science.

Questions about the Terms of Service should be addressed to terms@whyscience.com.

 

 
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