Terms of Use

LEGAL NOTICE AND TERMS OF USE

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS AGREEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND.

Chicago Educational Publishing Company, LLC and its subsidiaries and affiliates (collectively “CEPC”) are providing you (“User”) this website (the “Site”) for your use.

Your use of this Site is subject to all terms and policies posted on this Site (including the Privacy Policy, collectively referred to as the “Terms of Use”). The Terms of Use may be revised from time to time through an updated posting, and therefore you should check the Terms of Use periodically. Revisions are effective upon posting and your continued use of this Site following the posting of revisions to the Terms of Use will indicate your acceptance of such revisions.

It is important to us that this Site provides a helpful and reliable experience to Users. To protect our rights and yours, we have prepared this Terms of Use that apply to all visitors to this Site. If you have any questions concerning the Terms of Use, please Contact Us.

PLEASE NOTE THAT THE USAGE, PURCHASE AND LICENSE TERMS AND PRIVACY POLICIES OF VARIOUS CEPC PRODUCTS AND SERVICES WITHIN THIS SITE OR LINKED TO THIS SITE MAY BE SUBJECT TO DIFFERENT TERMS AND POLICIES. PLEASE CHECK THESE TERMS AND POLICIES FREQUENTLY TO DETERMINE THE TERMS APPLICABLE TO SUCH CEPC PRODUCTS AND SERVICES.

BY USING INFORMATION FROM THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD NOT USE THIS SITE. BY USING OR DOWNLOADING INFORMATION FROM THIS SITE, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS OF USE.

Privacy

CEPC is concerned about the safety and privacy of all users, particularly children, of this Site. Please read our Privacy Policy, which is an important part of these Terms of Use.

User License

Users are granted, subject to these Terms of Use, a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use this Site and the CEPC Materials for non-commercial, personal, academic, educational, instructional, and related administrative purposes only. Use or modifications of any materials on this Site for any purpose other than as contemplated in the Terms of Use is a violation of CEPC’s and/or its licensors’ copyright and proprietary rights. User agrees not to change, adapt, broadcast, reverse engineer, publish, modify, disseminate, display, perform, transfer or otherwise distribute any of the CEPC Materials, or to create any works derivative of any of the CEPC Materials, unless specifically authorized in writing by CEPC to do so. Neither CEPC nor its licensors guarantee the accuracy or completeness of any of the CEPC materials or any other information or content. User agrees that it must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of any content on this Site, including but not limited to the CEPC Materials.

Representation and Warranty

As a condition of use of this Site, you warrant to CEPC that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You agree not to obtain or attempt to obtain any materials or information not intentionally made available to you on this Site. You further agree not to distribute, share, modify, post, display or otherwise exploit the authorized password or unique URL provided to you for access to this Site to any third party or other users, and you will not use the authorized password or unique URL in any manner not consistent with this Terms of Use.

Postings

To the extent that certain areas of this Site provide Users an opportunity to post messages or other information (collectively, “Postings”), BE ADVISED THAT CEPC HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW SUCH POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect the views of CEPC. To the fullest extent permitted by applicable laws, CEPC shall in no event have any responsibility or liability for the Postings (or the loss thereof for any reason) or for any claims, damages, or losses resulting from their use (or loss) and/or appearance on this Site. The Postings are accessible and viewable to the general public and other users of this Site. CEPC reserves the right to monitor all Postings and to remove anything which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or for any other reason as it deems necessary. You hereby represent and warrant that you have all necessary rights in and to all Postings and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings will not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and that your Postings will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

You hereby authorize CEPC to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that CEPC or such other parties see fit. You shall have no claim or other recourse against CEPC for infringement of any proprietary right in Postings.

Termination

CEPC reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, this Site or any part thereof or terminate any User’s access to this Site or any part thereof. CEPC also may modify, delete or adapt this Site at any time without any notice or obligation to the User at CEPC’s sole discretion. Your right to use and otherwise access this Site is automatically terminated if you violate these Terms of Use. You agree that CEPC will not be liable to you or any third party for any modification, suspension or discontinuation of this Site, or any part thereof. Upon termination for any reason, you must cease all access to this Site. All provisions of these Terms of Use as to limitation and disclaimer of warranties, limitation of liability, CEPC’s ownership rights and your representations and indemnities shall survive termination.

Links to Other Sites

You may have linked to this Site through your school’s secure user authorized password protected intranet site, which is a third party site. This Site may provide links to other third party websites or resources. Because we do not control your school’s intranet site or such other third party websites and resources, you acknowledge and agree that CEPC is not responsible or liable for the content, products or performance of your school’s intranet site or such other third party websites and resources, and you hereby irrevocably waive any claim against CEPC with respect to your school’s intranet site or such other websites and resources. CEPC reserves the right to terminate any link at any time without notice. The inclusion of a link to such another website or resource does not constitute or imply an endorsement, authorization, sponsorship or affiliation by CEPC of that website or resource, or any products or services provided therein. The information practices of those websites, including your school’s intranet site, are not covered by these Terms of Use or any other policies or terms applicable to this Site. We recommend that you review any terms of use and privacy policy of your school’s intranet site and any third party website linked to this Site before providing any information to those websites or using their products and services.

Please note that this Site may also provide links to other sites brought to you by CEPC. The privacy statement and terms of use of other CEPC sites may vary from these Terms of Use. We recommend that you review the privacy statements, terms of use and other policies or terms that may apply to other CEPC sites if you should choose to use such sites.

Copyright and Trademark Notices

The CEPC Materials and the entire content of this Site and any supporting software are the proprietary property of CEPC and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of this Site or any of the CEPC Materials other than strictly in accordance with the Terms of Use without the express written consent of CEPC and/or its licensors is strictly prohibited.

You agree not to display, disparage, dilute or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of CEPC.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE CEPC MATERIALS AND THIS SITE IS AT YOUR OWN RISK. THE CEPC MATERIALS AND THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY CEPC OR ITS LICENSORS AND CEPC AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) NEITHER CEPC NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) ANY OF THE CEPC MATERIALS OR THIS SITE WILL MEET YOUR REQUIREMENTS; (ii) THE CEPC MATERIALS OR IS SITE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CEPC MATERIALS OR THIS SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE CEPC MATERIALS OR THIS SITE WILL BE CORRECTED.

(c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER CEPC NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF ANY OF THE CEPC MATERIALS OR THIS SITE, AND ALL SERVICING, REPAIR OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF ANY OF THE CEPC MATERIALS OR THIS SITE.

Limitation of Liability

IN NO EVENT SHALL CEPC OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CEPC OR AN AUTHORIZED CEPC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE ANY OF THE CEPC MATERIALS OR THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ANY OF THE CEPC MATERIALS OR THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN ANY OF THE CEPC MATERIALS OR ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THE CEPC MATERIALS OR THIS SITE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold CEPC and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claims, actions, costs, liabilities, expenses and damages, including reasonable attorneys’ fees and expenses, made against CEPC by any third party due to or arising out of your use of any of the CEPC Materials or this Site, your connection to this Site, your breach of any representation, warranty or obligation, your violation of this Terms of Use or your violation of any rights of another user.

Submissions

CEPC always welcomes suggestions and comments regarding this Site. Any comments or suggestions submitted to this Site or CEPC, either online or offline will become CEPC’s property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by CEPC might seem to others to be similar to their own submissions or comments.

Digital Millennium Copyright Act Compliance

If you have any copyright concerns about any materials posted on this Site by others, or about any of the CEPC Materials please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. 512). Unless otherwise stated in any specific DMCA designation provided by CEPC, please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:

Rita Ferrandino
Chicago Educational Publishing Company, LLC
8400 Woodbriar Drive
Sarasota, FL 34238
Facsimile: (312) 277-9007
email: info@sciencecompanion.com

To be effective, the Notice must include the following:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit CEPC to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
Identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit CEPC to locate such material on the Site;
Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
General Information; Governing Law

The Terms of Use constitute the entire agreement between you and CEPC, govern your access to and use of any of the CEPC Materials or this Site, and supersede any prior agreements between you and CEPC concerning the CEPC Materials or this Site. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. These Terms of Use and the relationship between you and CEPC will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and CEPC agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois. The failure of CEPC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. 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 any of the CEPC Materials or this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations

Please report any violations of the Terms of Use to us at info@sciencecompanion.com.

Last Update to Legal Notice and Terms of Use

© Copyright 2010. Chicago Educational Publishing Company, LLC (Revised – August 2010). All Rights Reserved.