Terms of Use of This Site

Please read these terms of use ("terms") carefully before accessing or participating in any chatroom, newsgroup, bulletin board, mailing list, website, transaction or other on-line forum available at Bigelow.org (collectively, this "site"). by using and participating in this site, you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, then please promptly exit this site. Bigelow labortatory reserves the right to modify these terms at any time and will publish notice of any such modifications on-line at this site. By continuing to access this site after notice of such modifications has been published, you signify your agreement to be bound by them.

Disclaimer

This Site may include un-moderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of this Site, nor the links to other websites, are screened, approved, reviewed or endorsed by Bigelow Laboratory. Bigelow Laboratory is not a publisher of any of the content of such other websites, or of any content that may be available through links to and from them, and is acting solely as an Internet Service Provider. See 47 U.S.C. § 230(c)(1).

The text and other material on such other websites are the opinion of the specific author and are not statements of advice, opinion or information of Bigelow Laboratory. If you feel you might be offended by the content of this Site or such other websites, then you should not continue.

Rules for Online Conduct

You agree to use this Site in accordance with all applicable laws. Because Bigelow Laboratory is a non-profit, tax-exempt organization, you agree that you will not use this Site for organized partisan political activities. You further agree that you will not e-mail or post any of the following content anywhere on this Site or on any other Bigelow Laboratory computing resources:

Content that defames or threatens others;

Harassing statements or content that violates federal or state law;

Content that discusses illegal activities with the intent to commit them;

Content that infringes another's intellectual property, including, but not limited to, copyrights, trademarks or trade secrets;

Material that contains obscene (i.e. pornographic) language or images;

Advertising or any form of commercial solicitation;

Content that is otherwise unlawful; or

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on this Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

Bigelow Laboratory employees using this Site are expected to abide by the Bigelow Laboratory Code of Conduct - Use of IT Resources.

Although Bigelow Laboratory does not routinely screen or monitor content posted by users to this Site, Bigelow Laboratory reserves the right to remove content which violates the above rules of which it becomes aware, but is under no obligation to do so.

Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using this Site.

Permission to use Materials

In consideration for your agreement to the terms and conditions contained here, Bigelow Laboratory grants you a personal, non-exclusive, non-transferable license to access and use this Site. User may download material from this Site only for User's own personal, non-commercial use. User may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on this Site is permissible rests with User.

Limitation of Use

You may use this Site for legal purposes only. Furthermore, you agree that, if a third party claims that any material you have contributed to this Site is unlawful, then you will bear the burden of establishing that the material complies with all applicable laws. Although Bigelow Laboratory does not monitor the content of this Site, Bigelow Laboratory has the right to remove material from this Site, block access or take other action with respect to the Material in its sole discretion, although Bigelow Laboratory is under no obligation to do so. You may not use Bigelow Laboratory computing resources or this Site to disseminate unsolicited advertising or promotional material of any kind.

Links to Other Sites

Bigelow Laboratory's Site may include hyperlinks to websites maintained or controlled by others. Bigelow Laboratory is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites.

Choice of Law/Forum Selection

Bigelow Laboratory hosts this Site on computing resources located at 60 Bigelow Drive, East Boothbay, Maine 04544, USA. You agree that any dispute arising out of or relating to these Terms or any content posted to this Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Maine, excluding its conflicts-of-law provisions, and any relevant federal laws of the United States. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Lincoln County, Maine as the legal forum for any such dispute.

Disclaimer of Warranty/Limitation of Liability

THIS SITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Bigelow Laboratory does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of this Site, information obtained from this Site or link to this Site. Bigelow laboratory does not warrant that this Site will operate in an uninterrupted or error-free manner or that this Site is free of viruses or other harmful components. Use of information obtained from or through this Site is at your own risk.

YOU AGREE THAT BIGELOW LABORATORY WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTIES) USE OR INABILITY TO USE THIS SITE, OR TO YOUR PLACEMENT OF CONTENT ON THIS SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS SITE. IN PARTICULAR, BIGELOW LABORATORY WILL HAVE NO LIABILTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR ANY PURCHASES ON THIS SITE, OR YOUR PLACEMENT OF CONTENT ON THIS SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

Bigelow Laboratory makes no representation regarding your ability to transmit and receive information from or through this Site and you agree and acknowledge that your ability to access this Site may be impaired. Bigelow Laboratory disclaims any and all liability resulting from or related to such events.

Trademarks

The logo, name and all graphics on this Site are trademarks of Bigelow Laboratory. Use, reproduction, copying or redistribution of trademarks, without the written permission of Bigelow Laboratory is prohibited. All other trademarks or service marks appearing on this Site are the marks of their respective owners.

Indemnification

You agree to indemnify and hold Bigelow Laboratory harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of this Site or your placement of any content onto this Site, and to fully cooperate in Bigelow laboratory's defense against any such claims.

Your Account

If you use this Site, then you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, then you may purchase products or services only through a parent or guardian. You agree that billing and registration information you provide on this Site will be accurate and complete. Bigelow Laboratory reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Other

This Site may contain errors and omissions relating to product description, pricing and availability. Bigelow Laboratory reserves the right to correct errors or omissions without prior notice. Bigelow Laboratory also reserves the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability or other reason.

General

These Terms constitute the entire agreement between you and Bigelow Laboratory with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

Copyright Complaints

Bigelow Laboratory respects the intellectual property rights of others. If you believe your copyright has been violated on this Site, then please give detailed notice via e-mail to webmaster@bigelow.org.