Scope of Agreement
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.
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
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.
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.
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.
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
PO 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.
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
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.
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.