Website Terms of Use
and
Our Promise of Privacy

Nancy Larson Publishers, Inc., for itself, and any related entities (collectively, “Nancy Larson Publishers,” “We,” “Us” or “Our”), maintains its websites located at nancylarsonpublishers.com, bloomingscientists.com, nancylarson.com, nancylarsonscience.com, nancylarsonstore.com, and its associated websites, webpages, content and other materials (collectively the “Sites”) to provide information about Us, Our industry and products. Your access to and use of the Sites as well as any orders placed through the Sites are subject to these Terms of Use and all applicable laws. By accessing the Sites, you accept, without limitation or qualification, these Terms of Use. Please review the Terms of Use regularly as they may be modified from time to time and the terms, as modified, will govern your use of the Sites. Any new features that augment or enhance the Sites and any purchases or other transactions made through the Sites also will be subject to and governed by these Terms of Use.

1. Generally

You are free to browse the Sites, review Our product offerings, access Our e-newsletters, initiate the product ordering process, submit questions and post comments, photos and all Communications (as defined in Section 9 below) to the Sites. The Sites, all of the foregoing and all other material available on the Sites such as text, photos, graphics, newsletters, advice and recommendations regardless of source, are referred to collectively as “Licensed Content.” You may view and print portions of the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms of Use. Any other use of Licensed Content without Our prior written approval is strictly prohibited.

2. Product Information

Nancy Larson Publishers provides engaging and challenging educational curriculum for children in both classroom and homeschool settings. While We use commercially reasonable efforts to provide accurate information, many factors outside Our control affect these efforts. Therefore newsletters, industry or event information, references to applicable laws and regulations, resources and Licensed Content contained on the Sites may not be current or complete. In addition, some information and recommendations on the Sites may be provided by third party contributors, such as homeschool families, who are not affiliated with Us. While We welcome such input, We make no representation as to the truth, thoroughness or accuracy of such information, recommendations or advice. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. We cannot ensure or guarantee and do not warrant that your product selection will be accurate, meet your particular needs or requirements or that the recommendations, regulations or other information provided by Us or others on the Sites or on other sites are complete, accurate or current for your specific needs. Each claim or statement about the effectiveness of Our products or comparing the effectiveness of Our products to that of others is expressly limited to the United States unless otherwise stated on the Sites. Please do not make product-based complaints through the Sites. If We agree with you that a product or sample offered by Us through the Sites is not as described, please contact Us at 860-434-0800. We will provide instructions as to how to return it to Us in its original, unused form. As your sole remedy, We will either replace it, refund the price you actually paid or take such other action as provided in Our Standard Terms and Conditions of Sale and/or Order Terms which govern all sales of Our products. Product description and pricing are subject to correction and change and We may refuse or cancel product orders placed at an incorrect price or based upon erroneous promotion terms, whether or not We have previously confirmed the order.

3. Privacy

This section summarizes Our overall practices with respect to collection and use of information collected through the Sites. It does not apply to other companies that We do not own or control or to anyone not employed by Us. We value Our relationship with visitors to the Sites and Our customers and use commercially available technology to safeguard personal information collected through the Sites. Nevertheless, the internet is an open medium and no data transmission through the internet is completely secure. We cannot guaranty or warranty the security of your transmission and therefore you transmit your personal information at your own risk. Once received, your personal information is stored in Our secure database in the United States. We take various precautions to safeguard your personal information against loss, theft and misuse as well as unauthorized access, disclosure, alteration and destruction. For example, the Sites use Secure Sockets Layer (SSL) encryption on all web pages where personal or credit card information is required.

Information Collected: In general, you may visit the Sites without telling Us who you are or revealing personal information about yourself. The information We collect without your specific consent is anonymous and cannot identify you. For example, We, along with business partners and other companies providing services to or on behalf of Us (such as, for example, companies facilitating payment or assisting with the operation or features of the Sites, advertising and promotional campaigns, surveys, contests and the like) may use various technologies (such as cookies, web beacons, pixel tags, click-through URL links) to collect non-personally identifiable information discernable as a result of your visit. This may include, without limitation, your IP address, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements. Information gleaned from your browser is automatically received and recorded on server logs. As technology evolves, information may be gathered through other means as well. You may set your browser either to notify you when you receive a cookie or to refuse to accept cookies. However, if you do so you may not be able to participate in certain of the Sites’ features.

Personal information is information collected from a variety of sources, in any form, that personally identifies you, such as your name, address, e-mail address, telephone number in conjunction with additional information that may not be otherwise publicly available, such as professional, employment, health, financial or other non-public demographic data. Credit card information may be collected in connection with each order you place. You may provide personally identifiable information directly, it may be gleaned through the Sites or collected from other sources. For example, currently, you would email or fax order information to Us. However, in the future, you may be able to complete an order form electronically through the Sites, at which time you would provide your name, telephone number, email and shipping address and credit card information. Currently a copy of your order may be stored at Our office and information gleaned from orders is stored offline in Our electronic database. Credit card information is only retained electronically as long as necessary to process your order to completion. However, the hard copy of your orders, which may contain your credit card or other financial information in conjunction with your name and contact information, are retained in Our offices. You cannot communicate with Us through any customer support links, telephone numbers or email addresses located on the Sites without providing some form of personally identifiable information. If you contact Us or Our service providers, a record of that session or correspondence will be maintained. Your contact information is collected and stored when you order, access newsletters or other resources on the Sites, participate in public forums, request information, literature and/or product information. Moreover, if you use any of the interactive portions of the Sites such as public forums, blogs, chat rooms, any information you share is visible to other users.

Information Use/Sharing: We use information collected to administer the Sites, process your orders, provide the services, assist in diagnosing problems, tracking browsers, all of which assists Us in better understanding how visitors use the Sites. We may use any non-personal information gained through or gleaned from the Sites for any legal purpose, including to develop, use and make available to third parties (at no charge or for a fee) aggregated information, such as regarding trends, services, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Sites. If you do provide Us with your personally identifiable information, We will use it only for the purpose for which it is collected in compliance with this Section 3 and the User Conduct/Acceptable Use provisions set forth in Section 4 below unless you consent to a broader use. We will not trade, sell or share your personal information with third party marketers without your consent (i.e. “opting in”) unless required by law, as disclosed to you as provided in these Terms of Use, any additional terms or when the information is collected. You may choose not to receive Our newsletters, product updates and other marketing communications from Us at any time. Click here to fill out our unsubscribe form.

For the most part, We use personal information you provide to process your orders and communicate with you with respect to order status and any questions you may have with respect to Our products. You may also provide email information to receive Our newsletters, new product and other information. You may, at any time, limit your interactions. If you no longer wish to receive communications (other than that related to orders), currently you must contact Us directly as provided in the unsubscribe form below. Please note that you may continue to receive messages for a short time until Our records are updated. Various types of personal information is required to provide the services, fulfill your requests for products, literature or other information, to provide support or other customer service, product research, answer questions, correct problems with the Sites specific to you, to notify you of new or improved products or product uses, to enlist your participation in email campaigns, surveys, promotions, sweepstakes or contests, to customize Licensed Content, improve customer support services, or conduct research, advertising, marketing and promotional campaigns, to provide anonymous reporting for internal use and to third parties. Information collected from any source may be combined to improve products and services and enable more targeted, tailored communications. It may also be aggregated and made available without identifying you to ascertain trends, products, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Sites.

Please note that personally identifiable information you submit to one of Our interactive forums may be read, collected or used by other individuals to send you unsolicited messages. We have no control over and are not responsible for any information that you choose to submit in these forums. If you do choose to make otherwise non-public information available, We will collect that information and the information may become publicly available.

If We merge or are acquired by another company or if We cease operations, your information may be transferred to the surviving or acquiring company and will be subject to that entity’s privacy provisions which may differ from Ours. We may disclose your personal information if We have reason to believe that disclosure is necessary to identify, contact or bring legal action to enforce any of Our rights, including against you or a third party, for nonpayment, violation of any agreement with Us, and to prevent injury to or interference with Our rights or property, or the rights or property of Our other users or anyone else that could be harmed by such activities. We may disclose or access account information when We believe in good faith that the law requires it and for administrative and other purposes that We deem necessary to maintain, service and improve Our products and services and to protect Our rights or property. By accessing and using the Sites, you agree that information you provide may be disclosed as described in these Terms of Use as modified from time to time.

International Visitors/Users: If you access the Sites from outside the United States, your connection is through and to servers located in the United States. Any personal information you provide will be processed and maintained in the United States on Our servers and/or other network systems operated by or for Our benefit. If you access the Sites from and/or reside outside of the United States, your information may be stored, transmitted and shared in accordance with U.S. data privacy laws which may not be equivalent to those in effect in your country.

To Update your Information/Unsubscribe: You have choices as to how We will communicate with you. The Sites allow you to choose to receive, or stop receiving communications from Us. You may update your information or stop receiving promotional email or postal communications. If you wish to unsubscribe, please click here to fill out the form.

Notice to California residents about your California privacy rights: In addition to the other rights described in this policy, if you are a customer residing in California, you have the right to request information regarding the third parties with whom We have shared customer personal information for direct marketing purposes during the past year. You have the right to submit a request to Us at Our designated address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format. Information provided will not be specific to you individually. All such requests must be in writing and sent to Our designated address set forth in Section 14.

In general, We expect visitors to and users of the Sites to interact with each other and Us in a truthful, courteous manner and in compliance with all laws. You agree to provide accurate and complete information when ordering products and/or otherwise communicating with Us and comply with the terms set forth in the Order and as this User Conduct/Acceptable Use section. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Sites, including via e-mail, post or other transmission are strictly prohibited. Impersonation of others or misrepresenting your affiliation with Us or another is prohibited. You may not upload to, distribute or otherwise publish through the Sites any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin or commercial nature of anything transmitted through the Sites. You agree not to disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right. You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Sites, use the Sites to solicit others, advertise or promote anything. Framing, in-line linking or other means of associating the Sites, Marks (as defined below in Section 11 Our Proprietary Rights/Licenses or Licensed Content with another or with any material, link or information not originating with Us is expressly prohibited.

You may not probe, scan or test the vulnerability of the Sites. you many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Sites or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by Us through the Sites. Any attempt to interfere with or disrupt all or any part of the Sites, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Technical Features, trace the information of any other user or visitor, circumvent security features, or take any action that compromises the privacy or security of the Sites, users or other visitors is strictly prohibited.

5. Social Media/Blogs/User Submissions

In addition to the User Conduct/Acceptable Use terms described above, certain more interactive portions of some of the Sites, such as webinars, blogs and other social media forums require special mention. We insist that all statements made about Us and Our products be accurate, not misleading and not contain unsubstantiated statements. We adhere to and require that Our employees, service providers and others endorsing or otherwise acting on behalf of a brand of Ours on a blog or other public forum all adhere to Federal Trade Commission (FTC) rules and guidelines governing endorsements and testimonials. The FTC requires that endorsers disclose a material connection with an advertiser, his/her affiliation with Us and if incentives, free products or gifts or other compensation was received from Us. Because your opinions may be considered an “endorsement” and you an “endorser” under the FTC’s revised Endorsement and Testimonial Guide, it is important that you fully and completely understand what the FTC requires. You are responsible for complying with FTC requirements. For example, as an endorser, the FTC requires that you (i) let readers know if you received any free products or any other item of value from Us or if another material connection exists, and (ii) ensure that your statements about and reviews of Our products reflect your honest opinions, beliefs and findings. If you wish to learn more, you may access the most recent revisions to the FTC’s Endorsement and Testimonial Guides at http://www.ftc.gov/os/2009/10/091005 revisedendorsementguides.pdf. If you suspect a blogger is not making the proper disclosures please contact us at 860-434-0800 or [email protected].

Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication you transmit, upload or post to the Sites, generally and through the public forums, or email to Us (collectively, “Communications”) are non-confidential and nonproprietary and become Our property. We have no obligation to preserve the confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. We have no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever and without additional consent or approval from you. Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.

You are solely responsible for your Communications and your activities on the Sites. Although We will not, and have no obligation to, monitor your Communications, We have the right not to post or publish Licensed Content and/or your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. We do not endorse Communications posted to the Sites. Under no circumstances is or will We or Our affiliates be liable in any way for any Communications, your or another’s use of the Sites, your information, or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, your information or other material you submit, or for loss or damage of any kind incurred as a result of your use of the Sites or such other material or Licensed Content via the Sites. Product performance, capability or other claims made through public, interactive areas provided on the Sites have not undergone review, testing, or research by Us to substantiate such claims. We caution you not to use products for any purpose or in any manner other than as expressly set forth in the user manual.

6. Access by Children

Our products are intended for use by children, including those under age 13. Teachers, parents or other adults often purchase Our products for family, educational or other instructional use, both offline and electronically through the Sites. Nevertheless, We do not target or market directly to children at all, especially those under age 13. We do not knowingly and will not intentionally contact or request personal information from children under the age of 13 for marketing or any other purpose without a parent’s permission, nor will We ask for more personal information than is reasonably necessary to participate in a given activity. For example, in the unlikely event that a child contacts us in connection with an activity assigned by a parent, teacher or other individual (for example via email or through Our customer service numbers), and We can discern from the nature of the contact that it is a child under the age of 13, We will only request the first name and perhaps email address of the child in order to complete the child’s immediate request. The information will be used only for the express requested purpose for which it was collected and, unless We receive parental consent, the information will be deleted immediately. We will not store or otherwise use that information without parental consent. At the same time We will ask the child to provide the email address of his or her parent or guardian to provide notice of the child’s contact. Our email to the child’s parent or guardian will include details as to how to provide Us with consent, prohibit Us from any further contact with the child or delete the child’s personally identifiable information. If We do receive parental consent, personally identifiable information collected from children may be shared with third party service providers who help Us maintain the Sites and provide other administrative services to Us. We require that these third parties agree to keep the personally identifiable information confidential and not use it for any other purpose. Additionally, We may disclose a child’s personally identifiable information to third parties if We believe We are required to do so to comply with law, including court/administrative orders, subpoenas etc., to enforce these Terms of Use, to protect Our operations, privacy, safety or property and the rights, privacy, safety or property of Our employees and other users of the Sites and to pursue available remedies or limit damages We may sustain. We do collect and store the non-personally identifiable information described in Section 3 above but do not link this information to any child’s personally identifiable information when it is collected.

Note to Parents and Legal Guardians: Please contact Us at any time at the address in Section 14 below regarding privacy questions or concerns, to request the review of what personally identifiable information We may have collected from your child, to delete personally identifiable information collected, to revoke any consent previously given and to refuse to permit further collection of use of your child’s information. In addition, We will take steps to ensure that any person contacting Us for a child’s information is that child’s parent or guardian before releasing the information.

7. Indemnity

You agree to indemnify, defend, release and hold Us, Our officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, harmless from all claims, liabilities, demands, direct, indirect, consequential, special, punitive or other damages, taxes, fees and costs of any nature, including reasonable fees of attorneys’ and other professionals We may incur, due to or arising out of anything you submit or transmit through the Sites, and/or pursuant any order, your use of the Sites, your connection to the Sites, your violation of these Terms of Use or your violation of anyone’s proprietary or confidential information, patent, trademark, trade secret or other proprietary rights, or any claim that you are in violation of any right, license, law, statute, regulation, rule, order or ordinances. This indemnity also applies in the event you provide resale certificate, tax, Communications or other information that is untrue, inaccurate, fraudulent, or out of date.

8. Modifications to Sites and these Terms of Use

From time to time We may modify the Sites, the Licensed Content, Our products, expand or disable certain features, functionality and/or capabilities of the Sites and/or discontinue, temporarily or permanently, all or any part of the Sites and/or products. We also reserve the right at any time and from time to time to modify these Terms of Use with or without notice. We may post notice of any modifications on the homepage of the Sites for a period of time. You will be bound by the modifications if you use the Sites while the notice is posted and/or thereafter. You agree that We shall not be liable to you or to any third party for any such action.

9. Termination

We may, in Our sole discretion, suspend or terminate your access or use for any reason, but especially if We believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. We may also in Our sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. We may suspend, terminate or bar access to the Sites at any time without prior notice to you. We shall not be liable to you or any third party for any suspension or termination of your access to or use of the Sites.

10. Links

The Sites may contain links to other internet websites or resources. When you link to those sites, you leave Our Sites. We have no control over such sites, their content and resources or the business practices or policies of operators of such sites. Our privacy terms do not apply to the practices of any companies or individuals operating the linked sites. Therefore, please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. We expressly disclaim all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Sites does not imply that We endorse the linked site. Your use of the links is at your own risk. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.

11. Proprietary Rights/Licenses

Our Proprietary Rights: The Sites are comprised of the Technology Features and Sites through which the Technology Features are accessed as well as Our Marks. The Technology Features means all functions, features and capabilities of the Sites, including without limitation all software, hardware, remote-access electronic functionality and all upgrades, updates, revisions, versions, releases, modifications and derivatives thereof and thereto. The Marks include all third party or Our trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another and whether or not registered to Us. The Marks, Sites and Technology Features, the Sites and the collection, compilation, assembly and arrangement of Licensed Content are owned by or under license to Us and contain proprietary and confidential information all of which is protected by all applicable intellectual property and other laws. All copyrights, patent rights, trade secret rights, trademarks and other intellectual property rights in and to the Technology Features, Sites, Marks, Confidential Information and Services are owned solely and exclusively Us. Everything you see or read on the Sites, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Sites and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use and any additional terms without Our express written permission. You may not use or display the Marks in any manner without the prior written consent of the applicable owner. This includes use of the Sites’ addresses or Marks in page text, as key words, meta tags or any other “hidden text.” A partial list of Marks appears at the end of these Terms of Use. Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of Ours and may not be used in connection with any other product or Service in any manner, but especially not in a manner that is likely to cause confusion in the marketplace or in any matter that disparages or discredits Us.

Our License to You: We grant you a non-exclusive, non-transferable, revocable right and license to use the Sites solely in connection with Our provision of Our products and services in the manner, for the purpose and as described in these Terms of Use and any additional terms and for no other purpose. Nothing in these Terms of Use gives you any rights, title or interest other then the limited right to access and use the Sites as permitted in these Terms of Use.

Your License to Us: You grant to Us a nonexclusive, non-transferable, revocable right and license to use and to permit its service providers and suppliers to use your trademarks, service marks, trade names, trade dress and your Communications to enable Us to provide goods and services to you and for marketing purposes.

12. Notices and Procedures for Making Claims of Copyright Infringement

We respect the intellectual property of others, and require that Our customers, users and visitors to the Sites do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Pursuant to Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement should be sent to Us. Upon receipt of notices complying with the DMCA, We will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. f you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:

a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

b. a description of the copyrighted work that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the Sites;

d. your name, address, telephone number, and email address and all other information reasonably sufficient to permit Us to contact you;

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

13. DISCLAIMERS AND LIMITATIONS OF LIABILITY

WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES, LICENSED CONTENT, AND/OR PRODUCTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.

(B) WE MAKE NO WARRANTY (i) THAT THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.

(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.

(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF OUR PRODUCTS.

(E) WE ARE NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS OF USE, THOSE ACCOMPANYING THE PRODUCT OR AS PROVIDED ON THE ORDER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT, IN ANY EVENT OR UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITES, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, OUR SOLE LIABILITY, AND THAT OF OUR LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FEES RECEIVED FROM YOU FOR THE PRODUCT ORDERS DURING THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM. THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN US AND YOU. OUR PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Notice/Opt-Out Options

Notices to you may be made via email, United States Postal Service or commercial courier service to the contact information you provide. We may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Sites. Notice or other correspondence to Us should be sent prepaid, by certified mail, return receipt requested or overnight commercial courier to:

Nancy Larson Publishers, Inc.
P.O. Box 688
Old Lyme, CT 06371
Attn: Webmaster

Should you wish to update your information or no longer receive communications from Us please contact [email protected].

15. Specific Trademark Information

The words “Nancy Larson,” “Nancy Larson Publishers,” “Blooming Scientists,” “Ask Daisy & Maisy,” “In the Garden,” “Another Golden Egg,” and all Our logos, including without limitation the blue and white open book with the magnifying glass highlighting the “NL” and the bird nest with golden egg and “Another Golden Egg” in twig design individually and/or as may be combined with one another, are trademarks of Nancy Larson Publishers, Inc., whether or not registered.

16. General Information

We administer and operate the Sites from Our location in Old Lyme, Connecticut USA. Although Sites may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on any of the Sites are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. We reserve the right to limit the provision and quantity of any feature or product to any person or geographic area in its sole discretion. Any offer for any feature or product made on any of the Sites is void where prohibited. These Terms of Use, each order and any other agreements, whether or not referenced herein, constitute the entire agreement between you and Us with regard to and shall govern your activities and use of the Sites and purchase of any products, superseding any prior agreements between you and Us. You also may be subject to additional terms and conditions contained in Our invoices, orders, terms and conditions of sale, shipping manifests, bills of lading or terms and contracts that may apply when you use affiliate services, third party content or third party software. These Terms of Use, your use of the Sites and any other agreement with and the relationship between you and Us shall be governed by the laws of the State of Connecticut without regard to choice of law provisions, and the 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply. You and We agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Old Lyme, State of Connecticut. Notwithstanding the foregoing, We may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

17. Violations

Please report any violations of the Terms of Use to [email protected].

The parties acknowledge that they have required that these Terms of Use be prepared and provided in English. Les parties reconnaissent qu’elles ont exige que la presente convention soit redigee in anglais.

Policy updated January 10, 2007