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This website is owned and operated by Curricubits and/or, in the case of certain features, its third party service providers. Unless otherwise indicated the contents of Curricubits.com are the property of Curricubits and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from Curricubits.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download and print one copy of the materials you purchase on any single computer for your personal non-commercial use at one physical site or location only, provided you keep intact all copyright and other proprietary notices. Student Worksheets and other required handouts included in the curriculum may be copied and distributed to students or participants as needed at one physical site or location only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Curricubits' copyright, trademark, and trade secret rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
Due to the informational nature of our products Curricubits curriculum may not be returned. If you are having trouble downloading your digital order, please contact Customer Service. We will be happy to help you. If you ordered a physical copy of Curricubits curriculum you may return it unopened for a full refund (less shipping and handling) within 30 days. If your physical copy is inaccurate or arrives damaged, please notify Customer Service and we will send you a replacement.
We do not accept returns of:
- Any product(s) returned more than 30 days from the date on the packing slip.
- Any product(s) that has been opened. (Taken out of its wrapping.)
- Any product(s) not in its original condition.
- Any product(s) that has been damaged by you, used, copied, or has missing pages.
- Any product(s) that were sold as part of a package, unless the complete package is retuned.
Please do not send us products that do not meet the return criteria listed above, as we do not issue refunds for non-qualifying items and cannot return the items to you.
Any informational materials provided on Curricubits.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Curricubits makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through Curricubits.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.
CURRICUBITS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO CURRICUBITS.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." CURRICUBITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO CURRICUBITS.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. CURRICUBITS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON CURRICUBITS.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT CURRICUBITS.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF CURRICUBITS.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. CURRICUBITS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON CURRICUBITS.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CURRICUBITS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CURRICUBITS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON CURRICUBITS.COM, EVEN IF CURRICUBITS OR A CURRICUBITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CURRICUBITS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING CURRICUBITS.COM.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING CURRICUBITS.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
By using Curricubits.com, you agree to indemnify, defend and hold harmless Curricubits from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on Curricubits.com; or (3) any material uploaded by you or through your computer to Curricubits.com or otherwise sent by you to Curricubits. You will cooperate as fully and reasonably as required by Curricubits in the defense of any claim. Curricubits reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Curricubits.
By using our Web site, you consent to the terms we have outlined in this policy. If you do not agree with the terms, please leave this Web site immediately. We reserve the right to change this policy at any time.
If our practices change at some time in the future, we will post the policy changes to our Web site. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. This statement is effective as of April 7, 2009.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from Curricubits.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Curricubits, if in Curricubits' sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party's rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from Curricubits.com and all copies thereof, whether made under the terms of this Agreement or otherwise.
This policy and the use of this Site are governed by California law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: VENTURA COUNTY. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: VENTURA COUNTY, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Curricubits.com is controlled, operated and administered entirely within CA. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
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