Go2science

Go2Science Terms of Use

Last Updated: March 30, 2017

By accessing or using any of the Go2Science Internet properties including, but not limited to,www.go2science.com, mobile websites, microsites, mobile applications, Go2Science profiles on social media sites and any other digital services or properties operated or used by Go2Science from time to time (collectively referred to as the "Sites") you agree to comply with and be bound by these Terms of Use ("Terms of Use"). If you do not agree to the Go2Science’s Terms of Use and the Privacy Policy, you must immediately terminate use of the Sites.

  1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Sites and the Go2Science Content (as defined below, Section 9) as authorized by Go2Science for your noncommercial personal use and for no other purpose. Go2Science reserves the right to bar, restrict or suspend any user's access to the Sites, and/or to terminate this license at any time for any reason. Go2Science reserves any rights not explicitly granted in these Terms of Use.

Please note: Our Sites are intended for use primarily by teachers. The use of many portions of our Sites are restricted to teachers (for example the "Publish it!" and chat features") and students and student’s parents may access and/or use those areas of our Sites only with the involvement of their teacher.

  1. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive Go2Science’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any Go2Science Content (as defined below, Section 9), or any portion thereof. Further, you may not:
    1. use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including Go2Science Content;
    2. interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or
    3. interfere with any other person's use and enjoyment of the Sites.
  2. Your Acceptance; Revisions to Terms of Use. The Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Go2Science regarding your use and access to the Sites. By using the Sites you agree to the Terms of Use.

Go2Science reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Sites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 22, shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.

  1. Go2Science Policies; Additional Terms and Conditions. Go2Science’s Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the Sites (collectively "Additional Terms and Conditions") are incorporated herein by reference. For instance, the Terms of Use for Sites which allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms of Use. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

  2. Click-Through Agreements. Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

  3. Personal Login Information. Certain features and areas of the Sites are available only with registration, login, such as Go2Science’s membership subscriptions. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Go2Science is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Go2Science immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

  4. Privacy Policy. For information about Go2Science 's data protection practices and Go2Science’s use and protection of your personal information, please read Go2Science’s Privacy Policy which is incorporated into and made a part of these Terms of Use.

  5. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with Go2Science's operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through an Go2Science Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Go2Science reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites. Additional Terms of Use. In addition to the aforementioned Terms of Use, you also agree that you will not use our Services to:
    1. upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable in the context of an elementary school classroom environment;
    2. upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (for example, private or personal information about a teacher or child without consent, or any other confidential information);
    3. upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    4. upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    5. upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, 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; and
    6. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
  6. Proprietary Rights. The content of the Sites includes, without limitation:
    1. Go2Science's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively " Go2Science Marks");
    2. information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork; and
    3. the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in this section are collectively referred to herein as " Go2Science Content"). Go2Science Content is the property of the Go2Science, its licensors, partners, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Go2Science Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if Go2Science the is not the owner. Any use of the Go2Science Marks without Go2Science's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Go2Science Content, including any such notices appearing on any Go2Science Content you are permitted to download, transmit, display, print, or reproduce from the Sites.

  1. Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, Go2Science does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. Go2Science shall not be obligated to correct or update the Sites or the Go2Science Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.

  2. Third Party Information. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, books, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of Go2Science or its affiliates. Go2Science makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

  3. Links to Third Party Websites. The Sites may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.

  4. Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or Go2Science Content may not use the Go2Science trademark or logo and shall not suggest that Go2Science promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. Go2Science reserves the right to require any linking party to disable or remove any link that violates Go2Science's policies, rights or causes interruption or deterioration of Go2Science Content.

  5. Sharing of Content. You may download, copy or embed Go2Science Content and other downloadable items displayed on the Sites for personal or classroom use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Go2Science Content for other than personal or classroom use is expressly prohibited without prior written permission. Go2Science reserves the right to require any party sharing Go2Science content to disable or remove the content should its use violate Go2Science's policies, rights or causes interruption or deterioration of Go2Science Content.

  6. Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER GO2SCIENCE, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "GO2SCIENCE PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT:
    1. ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
    2. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL USED, PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR
    3. GO2SCIENCE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
  7. Exclusion of and Limitation of Liability. GO2SCIENCE PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING:
    1. OUT OF THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY GO2SCIENCE CONTENT;
    2. FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES AND/OR GO2SCIENCE CONTENT;
    3. FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE;
    4. OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES;
    5. FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    6. FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES;
    7. FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND GO2SCIENCE'S CONTROL;
    8. OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE GO2SCIENCE CONTENT;
    9. OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES;
    10. OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR
    11. OUT OF ANY OTHER MATTER RELATING TO THE SITES OR GO2SCIENCE CONTENT. IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR THE GO2SCIENCE CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

  8. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 16 AND 17 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND 'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  9. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the Go2Science Parties from and against all claims arising from or in any way related to your use of the Sites and/or Go2Science Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Sites and/or Go2Science Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. Go2Science will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Go2Science Parties other than under this Section.

  10. Term and Termination. These Terms of Use will take effect at the time you begin using the Sites. Go2Science reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Go2Science Website, but all applicable provisions of these Terms of Use will survive such termination.

  11. Arbitration; Venue. Any controversy or claim ("Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Portland, ME. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Maine and/or the United States District Court for the Southern District of Maine shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. Go2Science reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Southern District of Maine or any State of court located in Cumberland County, Maine.

  12. Governing Law. These Terms of Use and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Maine, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

  13. Waiver and Severability. The failure of to exercise or enforce any right or provision in 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, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

  14. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the relating to the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites.

  15. Contact Information. If you have any questions or concerns regarding these Terms of Use or the Sites, please visit our "Contact Us" page.

  16. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

  17. Use of Websites and Content outside of the United States. Go2Science makes no claims regarding access or use of the Sites or the Go2Science Content outside of the United States. If you use or access the Sites or the Go2Science Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

  18. Social media. Go2Science provides opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. Go2Science is not responsible for content or links posted by others.

  19. User Generated Content. We welcome your comments, questions, pictures, videos and other communications on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content ("User Content"). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information may be available to the public and grant the Go2Science a nonexclusive license to display, reproduce, transmit, modify such User Content and that the Go2Science may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights or otherwise violates the Terms of Use, contact the Go2Science immediately. While we do our best to ensure content posted on Go2Science does not violate our Terms of Use, Go2Science does not endorse user content and assumes no liability for any User Content submitted by you or others. You agree to indemnify the Go2Science against all claims and liabilities resulting from User Content. Please note that other participants may use posted information beyond the control of the Go2Science. All user content is viewed or read at your own risk. Go2Science retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal or inappropriate for elementary school-age children. Go2Science also retains the right to ban or block a user from posting on Go2Science without notice for a pattern of inappropriate postings or as it deems necessary. You acknowledge, consent and agree that Go2Science may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of Go2Science to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the administrators, its users and the public.

  20. Change of Terms of Use. This Terms of Use is subject to amendment or modification at any time.