Agreement To Contract Electronically
You agree to contract electronically with Monroe Science Educational Services. You agree that this electronic Terms & Conditions agreement, combined with your act of using the services offered on this website or clicking on “I Agree,” have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms & Conditions on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement.
We may discontinue, add to, modify, upgrade, or replace all aspects of the website in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the website.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER Monroe Science Educational Services NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR SUPPLIERS WARRANTS THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES Monroe Science Educational Services MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
ALL SERVICES, PRODUCTS, MERCHANDISE, CUSTOMIZATION, AND MATERIALS OBTAINED THROUGH THE WEBSITE INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND “COOKIES,” ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND ALL CAUSES OF ACTION FOR THE SAME, WHETHER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT Monroe Science Educational Services IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
MONROE SCIENCE EDUCATIONAL SERVICES IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH THIS WEBSITE OR ASSOCIATED SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation Of Liability
IN NO EVENT SHALL EITHER MONROE SCIENCE EDUCATIONAL SERVICES OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT AT ISSUE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Monroe Science Educational Services OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS WEBSITE; (ii) THE DELAY OR INABILITY TO USE THIS WEBSITE; (iii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEBSITE; AND (iv) THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT PAYMENT BY MONROE SCIENCE EDUCATIONAL SERVICES OR RETENTION BY YOU OF DIRECT DAMAGES AS LIMITED BY THE FOREGOING PARAGRAPH IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS & CONDITIONS, AT OR IN EQUITY. IN NO EVENT WILL MMONROE SCIENCE EDUCATIONAL SERVICES BE LIABLE FOR ANY DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Copyrights: All of the content on this website, including, but not limited to, any text, graphics, logos, button icons, images, pictures, audio clips, and software, is the property of Monroe Science Educational Services, our partners, or content providers and is protected by United States copyright laws. The contents of the website are copyrighted as a collective work under the United States copyright laws. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of Monroe Science Educational Services.
Trademarks: All trademarks, trade names, brand names, and service marks of Monroe Science Educational Services, whether registered or unregistered, are the property of Monroe Science Educational Services and are protected by United States trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the prior written consent of Monroe Science Educational Services. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
Patents: All patents issued to and patent applications filed by Monroe Science Educational Services are the property of Monroe Science Educational Services and are protected by United States patent laws. Any use of these patented or patentable assets is prohibited without the prior written consent of Monroe Science Educational Services.
Limited License: You may display and, subject to any expressly stated restrictions or limitations relating to specific material as may be posted on the website or otherwise known to you, download portions of the material from the various locations on Monroe Science Educational Services solely for your personal, non-commercial use.
Termination of License: If you violate any of these Terms & Conditions, your permission to use the content of this website automatically terminates, and you must immediately destroy any copies you have made of any portion of the content.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant–or warrant that the owner of such content has expressly granted–Monroe Science Educational Services a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium or any form, format, or forum now known or hereafter developed. Monroe Science Educational Services may sublicense its rights through multiple tiers of sublicenses.
Links To Other Websites
This website may contain links to third party websites (“Third Party Sites”). We do not, either expressly or by implication, endorse the content on these Third Party Sites. The links are provided for your convenience only. We have no control over such Third Party Sites, nor do we review the content on those Third Party Sites; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites. You further acknowledge and agree that Monroe Science Educational Services is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third Party Site or resource.
General Legal Provisions
International Laws: Monroe Science Educational Services’s headquarters are located in Concord, CA, in the United States of America. Monroe Science Educational Services makes no claims that the information, products, customization, materials, services, and advice provided on this website are appropriate or may be downloaded outside of the United States. Access to the information, products, customization, materials, services, and advice may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Choice of Law and Forum: You expressly agree that exclusive jurisdiction for any dispute with Monroe Science Educational Services, or in any way relating to your use of the website, resides in the courts of the State of California, U.S.A., and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, U.S.A. in connection with any such dispute including any claim involving Monroe Science Educational Services or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms & Conditions are governed by the internal substantive laws of the State of California, U.S.A. without respect to its conflict of laws principles.
Termination: Monroe Science Educational Services may terminate these Terms & Conditions without cause at any time and effective immediately. In addition, Monroe Science Educational Services, in its sole discretion may terminate these Terms & Conditions immediately and without notice for violation of any part of these Terms & Conditions. You may also terminate these Terms & Conditions by simply discontinuing use of your account and/or the website. In the event of any termination of these Terms & Conditions, the restrictions on your use of the content of the website (as set forth in Paragraphs 8 (“Intellectual Property) and 10 (“User Submissions”)) shall survive such termination, and you agree to be bound by those terms.
Indemnity: You agree to defend, indemnify, and hold harmless Monroe Science Educational Services, its officers, directors, employees, agents, licensors, suppliers, affiliates, and licensees from and against any claims, actions, or demands, liabilities, damages, and settlements (including without limitation, reasonable legal and accounting fees and litigation expenses) resulting from, or alleged to result from, your violation of these Terms & Conditions or relating to or arising from your use of the website, Monroe Science Educational Services services, and any products or services obtained on or through the website.
Waiver & Severability: Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect. No waiver of any of the Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Limitation on Actions: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms & Conditions must be filed within one year after such claim or cause of action arose or be forever barred.
Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act – and not to transfer, by electronic transmission or otherwise, any content derived from the website to either a foreign national or a foreign destination in violation of such laws.
Questions or comments regarding this website should be directed by email to firstname.lastname@example.org, by telephone: (925)969-0808, or by U.S. mail to: Monroe Science Educational Services; 5521 Michigan Boulevard; Concord, California 94521.
Last Update: 2/22/15