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Terms & Conditions

Welcome to eScience Labs, Inc.’s website.  You understand and acknowledge that these Terms & Conditions (“Terms”) constitute an agreement between you and eScience Labs governing your use of the website located at www.eScienceLabs.com (the “website”).  You must agree to abide by all of these Terms in order to remain an authorized user of the website and your use of the website constitutes your agreement to abide by these Terms. You are solely responsible for your use of the website and for ensuring that your use complies fully with the provisions of these Terms.   IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

  1. Conditions of Purchase and Returns
    1. Science kits and products may be purchased on this website ONLY if the purchaser at least 18 years old and/or is legally capable of entering into contracts.
    2. You understand and acknowledge that eScience Labs products and Lab Kits may contain potentially harmful items and/or chemicals that could cause injury if misused; that these products should be used only as directed in the Documentation; and that they should be safely stored out of the reach of children and pets.
    3. You will ensure that you and any user of an eScience Labs Lab Kit completely read and fully understand all the safety precautions noted in the eScience Labs products, Lab Kits and documentation provided with the Lab Kits, and view the safety video at www.esciencelabs.com before any experimentation is conducted. You will further ensure that all safety precautions are adequately followed and that experiments are performed exactly as directed in the Documentation.
    4. Purchases through the website shall binding through the online order process. 
    5. APO/FPO or International Orders:Please call our office (1-888-ESL-KITS) or e-mail us at sales@esciencelabs.com for shipping arrangements.
    6. Money Orders:If you prefer to order by mail, please click on the “pay by cashiers check or money order” button below and proceed through the ordering process, filling in all the information in order to calculate the correct shipping charges and taxes. Print out the page with all the information including shipping method and mail it to us along with a money order or cashier check made payable to eScience Labs, Inc., Inc. for the total amount. Your order will be processed as soon as it is received. We regret that we are unable to take personal checks.
    7. Merchandise Returns: Only fully intact and resalable products returned within 30 days of receipt qualify for a refund. Please contact eScience Labs, Inc. at 1-888-ESL-KITS or at info@esciencelabs.com to request a Return Merchandise Authorization. There is minimum restocking fee equal to 10% of the product price for inspecting and restocking. That, and the return shipping costs are deducted from your refund.
    8. If eScience Labs ships a kit, and the customer refuses receipt, the return costs charged to eScience Labs by the carrier and a 10% restocking fee will be deducted from the refunded amount.
    9. When returning redemption cards, a maximum of 10% of redemption cards issued may be returned for a refund. Refunds are subject to our normal terms.
  2. Registration and Use
    1. eScience Labs requires registration for users who would like to access certain parts of the website and/or communicate with eScience Labs or other website users.  To register, you may be required to provide certain personal and contact information including your email address.  You are solely responsible for maintaining the security of your registration information, and for any activity on the website using your registration information, such as your user-id and password.
    2. Your participation and progress in programs offered on or through the website may be tracked and/or monitored by eScience Labs and your teacher.
    3. Each Lab Kit purchase includes access to eScience Labs online content designed to supplement the experiments, provide pre-lab exercises and re-enforce important concepts. Registered users also have access to interactive services where they can compare results, pool data and communicate with other students.
  3. User Activities and Information on the Website
    1. You will use the website and any content, material, or information found on the website solely for lawful, non-commercial purposes. You shall not upload to, distribute to, or otherwise disseminate through the website any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. 
    2. You warrant that any material or information that you make available through the website, including, for example, postings to chat areas, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the website. You will be solely responsible for the content of any material or information that you make available through the website. You will also be liable for any damage resulting from making any material or information available through the website.
    3. By making any material or information available through the website, you automatically grant to eScience Labs a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the website, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal use.
    4. eScience Labs has no obligation to, and does not and cannot, review every item of material or information that you and other website users make available through the website, and eScience Labs is not responsible for this material or information. However, eScience Labs reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, eScience Labs reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
    5. eScience Labs reserves the right to collect, use, and distribute demographic data about you and your use of the website in forms that identify you individually or reveal your identity. 
  4. Rights in Content and the Website
    1. All content provided by eScience Labs on the website is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by eScience Labs. The website is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by eScience Labs.
    2. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the website. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of eScience Labs and the copyright owner. You will not make any changes to any content that you are permitted to download under these Terms, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content or content accessed on or through the website.
    3. Lab Kits and products purchased from eScience Labs may be subject to additional terms and conditions which you will be provided and you will be bound by the additional terms and conditions upon receipt.  
  5. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE AND ALL CONTENT, MATERIALS AND INFORMATION FOUND ON THE WEBSITE, AND eScience Labs PRODUCTS, LAB KITS AND DOCUMENTATION ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT, NEITHER eScience Labs NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING eScience Labs PRODUCTS, LAB KITS AND DOCUMENTATION MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, WITH RESPECT TO THE CONTENT OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE CONTENT WILL BE FREE OF ERRORS OR AVAILABLE, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD PARTY RIGHTS. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE WEBSITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE WEBSITE, OR ANY LINKS TO OTHER WEBSITES MADE AVAILABLE ON THE WEBSITE.
  6. Limitation of Liability.  You are solely responsible for any and all liability related to your purchase and use of the eScience Labs products, Lab Kits and Documentation.  ESCIENCE LABS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) YOUR USE OR INABILITY TO USE THE eScience Labs PRODUCTS, LAB KITS OR DOCUMENTATION OR ANY ERRORS OR OMISSIONS IN THE CONTENT HEREOF; AND/OR (II) YOUR USE OF, OR RELIANCE ON, ANY CONTENT. IN NO EVENT WILL  eScience Labs, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  7. Indemnification.  You agree to defend, indemnify and hold harmless eScience Labs (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the website or your breach of any of these Terms. eScience Labs reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
  8. Termination.  eScience Labs shall have the right to immediately terminate your use of the website in the event of any conduct by you which eScience Labs, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. 
  9. Access by Children.  Use of this website and performing suggested experiments must at all times be under the supervision of parents, teachers, or any responsible adult assigned by parents or guardians. 
  10. General Provisions.
    1. Governing Law; Venue.  These Terms shall be governed by and construed in accordance with the substantive laws of the State of Colorado without reference to the choice of law rules thereof. You agree that any action related to these Terms shall be brought exclusively in the state and federal courts located in Denver, Colorado, and you consent to the jurisdiction of such courts.
    2. Compliance with Laws.  You agree to comply with all laws, rules and regulations applicable to your use of the eScience Labs’ website, products, Lab Kits and Documentation.        
    3. Severability.  If any of these Terms are held unenforceable under any applicable law or is so held by applicable court decision, such unenforceability will not render these Terms unenforceable as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law or applicable court decision. 
    4. Entire Agreement.  These Terms contain the entire understanding between you and eScience Labs relating to the subject matter herein contained and supersedes all prior oral and written understandings, arrangements and agreements between the parties relating thereto.
    5. Modifications.  eScience Labs reserves the right, in its sole discretion, to change any or all of the provisions of these Terms at any time. eScience Labs will notify users of any changes by posting them on the website or through other reasonable means of providing notice. Any changes to these Terms will be effective immediately upon notice to you. Your use of the website after notice of changes to these Terms will be deemed your acceptance of the changes.

Last updated September 1, 2010.