Terms of Service

Terms and Condition of Use

Introduction
Welcome to the www.skipbirdthesciencenerd.com © website (“Site”). These terms and conditions (“Terms”) govern your use of this Site and forms a legal agreement (“Agreement”) between you (“You”) and Wayne “Skip” Bird (“Owner.”) By using this Site, you accept these Terms in full. If you disagree with any part of these Terms, you are prohibited from using this Site.

Intellectual Property Rights
Unless otherwise stated, I, Wayne Bird, own the intellectual property (IP) rights in this Site and/or content on this Site. Except as expressly permitted by written agreement with Owner, no part of this Site or its content may be copied or retransmitted.

Limitations of Liability
THE INFORMATION ON SITE IS PROVIDED FREE-OF-CHARGE, AND YOU ACKNOWLEDGE THAT IT WOULD BE UNREASONABLE TO HOLD OWNER LIABLE IN RESPECT OF THIS SITE AND THE INFORMATION CONTAINED ON SITE.
I ENDEAVOR TO ENSURE THAT THE INFORMATION ON THIS SITE IS CORRECT. I DO NOT WARRANT ITS COMPLETENESS OR ACCURACY; NOR DO I COMMIT TO ENSURING THAT THIS SITE REMAINS AVAILABLE OR THAT THE MATERIAL ON IT IS KEPT UP-TO-DATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW I EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL).
OWNER LIABILITY IS LIMITED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. OWNER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING UNDER THESE TERMS OR IN CONNECTION WITH SITE , WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING EXCLUSION, I WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT, CONTRACTS, BUSINESS, GOODWILL, DATA, INCOME, REVENUE OR ANTICIPATED SAVINGS ARISING UNDER TERMS OR IN CONNECTION WITH SITE , WHETHER DIRECT OR INDIRECT, AND WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE.

NO WARRANTY
THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS. OWNER DOES NOT WARRANT THAT THIS SITE WILL BE COMPATIBLE WITH ALL HARDWARE AND SOFTWARE WHICH YOU MAY USE. ALTHOUGH OWNER MAY PUT IN PLACE SECURITY MEASURES FOR YOUR PROTECTION, OWNER SHALL NOT BE LIABLE FOR DAMAGE TO, OR VIRUSES THAT MAY AFFECT, ANY COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF OR BROWSING OF THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL.
ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED – INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF A COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

Linked Websites
This Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.

Restricted Access
I reserve the right to restrict access to areas of Site , or indeed this whole Site, at my discretion.
If I provide You with a user ID and password to enable You to access restricted areas of this Site or other content or services, You must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
I may disable Your user ID and password, at my sole discretion, and with no disclosure for reason.

Ethical Use
You must not use this Site in any way that causes, or may cause, damage to this Site or impairment of the availability or accessibility of this Site.
You must not use this Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Site for any purposes related to marketing without Owner’s express written consent.
You must not use this Site to copy, publish or send mass mailings or spam.
You must not use this Site to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under U.S. and other applicable law. All material you copy, publish or send via this Site must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s IP rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
Owner reserves the right to edit or remove any material posted on this Site.
Owner may take such action as Owner deems appropriate to deal with the posting of unsuitable material, including suspending or canceling Your account, restricting Your access to this Site, or commencing legal proceedings against You.

Modification of Terms
Owner may revise these Terms from time-to-time. Your continued use of this Site and/or its contents after such changes, indicates your acceptance of these Terms, as modified. Please check this page regularly to ensure you are familiar with the current version.

Entire Agreement
These Terms constitute the entire Agreement between You and Owner, and supersedes all previous Agreements in respect of Your use of this Site.

Severability
If any clause in this Agreement shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, and the remaining Terms shall be capable of continuing in effect without the unenforceable term.

Waiver
Owner’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Assignment
Owner may assign right and duties under this Agreement to any party at any time without notice.

Refund Policy
Your satisfaction with us is important to us. Yet, because of the time, effort and preparation that goes into creating and presenting programs and services, You acknowledge that Owner does not offer refunds after seven (7) days from the purchase date for any portion of your payment for any program or service.

Miscellaneous
The headings contained herein are for convenience only and shall have no legal or interpretive effect.

Governing Law
This Agreement shall be governed by the laws of the State of Maryland, without regard to conflicts of law provisions. Owner and You agree that the exclusive jurisdiction of any dispute arising out of  or relating to, this Agreement any dispute arising out of, or relating to, this Agreement or services provide in connection therewith shall be in the state and federal courts located in Carroll County, Maryland.

Dispute Resolution
Should a dispute arise between Owner and You, we both agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of Maryland in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, You must submit your complaint to Wayne Bird via email. You understand and agree now that the only remedy that can be awarded to You through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to You.

Contact Skip
If you have any question about the Terms of this Agreement, contact Skip at:
skip@skipbirdthesciencenerd.com

Last Update: 5/1/2016