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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. USE OF THESE WEBPAGES SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE. If you do not agree with any part of these TERMS OF USE, do not use these webpages.

Baylor College of Medicine, Center for Educational Outreach websites, SuperSTAARSM, BioEd OnlineSM, and K8 ScienceSM, are intended to provide general educational information. Some content on these BCM websites is written by faculty, staff and consultants of BCM; other information may be from sources outside of BCM.

USE OF MATERIALS

During the term of these TERMS OF USE, and provided you comply with your obligations hereunder, BCM grants you a worldwide, non- exclusive license to use the contents of these webpages for the sole purpose of providing classroom instruction on the paid user's school campus for the duration of the individual, campus- or district-wide subscription only. The contents of these webpages are protected by copyright laws of the United States of America. The materials posted on these pages may be accessed solely for your own personal or educational, noncommercial use, and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not remove or alter any trademark, copyright, or other proprietary notice. You may not, except with the express permission of BCM, copy, modify, or distribute the contents of these pages, including electronic versions (such as PDF). Nor may you transmit the content of any pages or store it in any other website or other form of electronic retrieval system. BCM shall own and retain all right, title and interest in and to any content, technology, software, know-how, tools, processes, methodology, designs, discoveries and inventions (whether or not protected, registered or recognized under any statute or regulation) techniques and skills relating thereto developed, created, acquired or otherwise used in its training programs, including the provision of services relating to such programs.

USER CONDUCT

Portions of BCM webpages enable users to exchange ideas and information, which shall be governed by these TERMS OF USE and this BLOGGING POLICY. BCM has no obligation to screen, edit, or review postings, and the ideas and information posted do not necessarily reflect the views of BCM. While using these pages, you may not post, transmit, or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or other rights of others, or damaging to software or hardware. You may not advertise or solicit on these pages. BCM reserves the right to monitor postings and remove any which it considers, in its discretion, to be offensive or otherwise in breach of these Terms of Use. BCM expressly disclaims any responsibility or liability for any material communicated by third parties through these pages, or for any claims, damages or losses from the use thereof. You represent and warrant that: (1) you own the comments posted by you on or through these webpages or otherwise have the right to grant the license set forth in these TERMS OF USE, including applicable required consents, and (2) the posting of your Comments on or through these webpages does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owed any person or entity by reason of any Comments posted by you on or through these webpages.

You hereby grant to BCM (and those working with BCM and other users of these webpages) a worldwide, perpetual, royalty-free, non-exclusive license to communicate, copy, create derivative works, distribute, host, modify, publicly display, publicly perform, publish, reproduce, store, sublicense, and use such content and any suggestions, ideas, enhancement requests, feedback, recommendations, data, content, or other information (collectively, "Comments”) provided by you. BCM shall not be limited in any way in its use, commercial or otherwise, of any Comments. BCM is and shall be under no obligation to (i) maintain any Comments in confidence; (ii) pay any compensation for any Comments; or (iii) respond to any Comments. You are solely responsible for the content of any Comments provided to BCM by you.

USER ACCOUNTS

Passwords may not be shared or used by more than one individual. You are responsible for maintaining the confidentiality of any user name and/or password assigned to or selected by you so that others may not access any subscriber-only or password protected BCM websites using your account and/or identity. Remember to choose a strong password that includes numbers, capital letters, special characters, etc., and is not typically found in a dictionary. BCM reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of any BCM website for any reason, including without limitation for extended periods of inactivity. No refunds of services fees or subscription fees will be given for any such termination. If your password is lost or stolen it is your responsibility to notify BCM at the address listed in the “Contact Us” section.

THIRD PARTY CONTENT

You may obtain access to other Internet sites through these pages. By providing this service, BCM undertakes no responsibility or liability for information or publications of third parties on the Internet, even if you access them through these pages. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from transactions between you and third-party linked websites, or for any information appearing on third-party linked websites or any other site linked to or from our site. BCM reserves the right to terminate a link to a third party website at any time. Third party sites are not controlled by BCM, and may have different terms of use and privacy policies, which BCM encourages you to review.

UPGRADES AND ENHANCEMENTS TO THESE WEBPAGES

During the term of these TERMS OF USE, BCM may provide or make available to you certain upgrades, bug fixes and the like, which it makes generally available, at no additional charge (to the extent generally provided at no additional charge). You agree that BCM may provide any of the foregoing by means of making a download available on its Internet site.

CHANGES TO SITE

BCM may add, change, discontinue, remove or suspend any portion of its websites at any time, without notice. By using these webpages after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change, provided that you have notified BCM of such dispute.

DISCLAIMER

BCM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES OR THEIR CONTENTS (INCLUDING, WITHOUT LIMITATION, MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BCM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THESE PAGES OR THEIR CONTENTS ARE, OR SHALL BE FREE FROM INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. BCM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES PROVIDED BY THESE PAGES WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM COMPUTER VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. BCM ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES, OR VIA LINKS TO THIRD PARTIES, IS ACCURATE, COMPLETE, OR CURRENT. ANY SUCH REPRESENTATION OR WARRANTY IS HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

IN NO EVENT SHALL BCM, ITS EMPLOYEES OR AGENTS OR ANY OTHER PERSON OR ENTITY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THESE PAGES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND/OR EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA RESULTING FROM THE USE OF THESE PAGES, EVEN IF BCM HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, OR $100, WHICHEVER IS LESS.

THE INFORMATION AND ALL OTHER MATERIALS ON BCM WEBSITES ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THESE SITES OR ANY WEBSITE WITH WHICH THEY ARE LINKED.

PERMISSIONS

All material on SuperSTAARSM, BioEd OnlineSM, and K8 ScienceSM without limitation, is protected by US and/or foreign copyright and/or trademark laws. Written requests for permission to reprint any material on these BCM websites (outside of educational, non-commercial use), must be sent in writing the following address: Center for Educational Outreach, Baylor College of Medicine, One Baylor Plaza MS BCM411, Houston, TX 77030. Request and inquiries also made be made by phone (713-798-8200) or email (edoutreach@bcm.edu).

LINKING

If you link to SuperSTAARSM, BioEd OnlineSM, and K8 ScienceSM, the link must be in plain text, unless otherwise approved in writing. Any such link must not damage, dilute or tarnish the goodwill associated with BCM and/or any BCM intellectual property, nor may the link create the false appearance that your website or organization is sponsored, endorsed by, or affiliated or associated with BCM, and you may not “frame” BCM website content. You may not repost or make BCM-produced PDF files, PowerPoint slide files, video or any other content available on another website without written permission from BCM. You may not link to BCM websites from any website that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, or that is otherwise inappropriate in BCM's sole discretion. BCM reserves the right, in its sole discretion, to terminate any link from any website. To request permission to place a link from your website on a BCM website, please send your name, address, website URL, and nature of the website to: edoutreach@bcm.edu.

COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE

BCM complies fully with the Digital Millennium Copyright Act (DMCA). Users found to engage in repeated infringement of copyright are subject to termination of their site access. If you believe that any of the materials on these webpages infringes on any of your intellectual property rights, please contact BCM immediately at the address provided below. Except as expressly provided herein, BCM and the third parties reserve all rights with respect to the materials on these webpages, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to BCM's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

BCM designated agent address:
Patrick Turley, PhD, JD
Office of General Counsel
Baylor College of Medicine
One Baylor Plaza
Houston, Texas 77030 USA
Phone: 713-798-6137
Fax: 713-798-6368
pturley@bcm.edu

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BCM, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of, or relating to your violation of these TERMS OF USE, or your use of these webpages, including, but not limited to, the submitting of Comments, or any use of content, services and products other than as expressly authorized in these TERMS OF USE, or the use of any information obtained from these webpages.

MUST BE AT LEAST 18 YEARS OLD TO USE THESE WEBPAGES

On these webpages, BCM makes no active effort to collect personal information from individuals under the age of eighteen (18). BCM requires that users must be of legal age to enter into agreements (typically, at least eighteen [18] years of age or older).

PRIVACY POLICY

Your personal information is not required to visit our sites. Access to some areas of our sites may require appropriate authorization. In that case, your unique user ID and password is required. Access to some areas of our sites, including your Profile, may require some personally identifiable information, which will be collected only if specifically and voluntarily provided and authorized by you. We have established safeguards and use reasonable security measures to protect your personally identifiable information from unauthorized access and use. You personally identifiable information is stored in a secure location in the United States of America and access is limited to authorized persons. We do not share any user information with third parties. Here are examples of personally identifiable information that we collect from you.

  • We may collect your first name, last name, email address and organization if you sign up to create a user account.
  • We may collect your email address if you contact us with a question.

If you do not want us to collect your personally identifiable information, please do not provide it to us. While we use software to protect the security of your information during transmission, no data transmission over the Internet can be guaranteed to be absolutely secure. To the extent permitted by applicable law, BCM can accept no liability for any damages or inconvenience incurred due to its loss of personal information provide to BCM websites, or due to access to that information by unauthorized third parties.

BCM may collect and aggregate data about your usage of these webpages, and BCM shall be the sole owner of such information. Some information collected is for statistical purposes only. Baylor College of Medicine performs analyses of user behavior in order to measure customer interest in various areas of our sites. BCM uses session and permanent cookies to count the number of visitors and to improve the usability of our websites. We have set our software so that your browser will only return cookie information to the domain where the cookie originated. No other site can request it. A cookie is a small piece of information that is sent to your browser, along with a webpage, when you access a website. There are two kinds of cookies. A session cookie is a line of text stored temporarily in your computer's memory. Because a session cookie is never written to a drive, it is destroyed as soon as you close your browser. A persistent cookie is a more permanent line of text that gets saved by your browser to a file on your hard drive. You must change your browser's preference to disable or delete cookies if you do not wish to use cookies. Note that disabling cookies may affect the quality of your interactions with our sites.

RIGHT TO PRESERVE AND DISCLOSE

BCM may preserve all information you provide. BCM may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce these TERMS OF USE; (d) respond to claims that any materials on these webpages violate your rights or the rights of third parties; or (e) protect the rights, property, or personal safety of BCM, its users and/or the public. BCM also may disclose users' information in the event that all or substantially all of BCM's assets are acquired by a third party.

PROHIBITED ACTIONS

You agree not to: (a) decompile, reverse engineer, disassemble, modify or create derivative works based upon these webpages or any part thereof; (b) disable any licensing or control features of these webpages; (c) introduce into these webpages any virus or other code or routine intended to disrupt or damage these webpages, or alter, damage or delete any materials on these webpages, or retrieve or record information about these webpages or their users; (d) merge these webpages with another program or create derivative works based on these webpages; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on these webpages; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the materials on these webpages or access to these webpages to others; (g) use, or allow the use of, these webpages in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using these webpages. Except as expressly provided herein, BCM and the third parties reserve all rights with respect to these webpages, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

PROHIBITION ON SCRIPTS, BOTS, THIRD PARTIES, ETC.

You shall not access or use these webpages by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to these webpages.

TERM OF AGREEMENT AND TERMINATION

The term of these TERMS OF USE shall automatically commence upon acceptance by you and payment of any required license and/or access fees, and shall continue until the earliest of: (i) the termination or expiration of any period for which your school district has subscribed to these webpages, (ii) the termination or expiration of any master license or group access agreement pursuant to which you are permitted to use these webpages, (iii) termination of your employment with the school district or group through which you were provided access to these webpages (except as expressly provided in the agreement with your school district), or (iv) termination as otherwise provided herein.

BCM may terminate these TERMS OF USE in the event of a material breach by you of any term or condition of these TERMS OF USE upon ten (10) days' prior written notice (which may be transmitted via E-mail to the E-mail address provided by you), except in the case of a breach of the 'USER CONDUCT” OR “PROHIBITED ACTIONS” Sections hereof, in which case BCM may terminate the TERMS OF USE immediately, upon written notice

FORCE MAJEURE

If either party's performance of any obligation under these TERMS OF USE, except for the payment of money owed when due, is prevented or delayed by an event beyond such party's reasonable control, that party will be excused from such performance to the extent it is necessarily prevented or delayed thereby.

JURISDICTION

These webpages are controlled from offices within the State of Texas in the United States. BCM makes no representation that the content or materials in these webpages are appropriate or available for use in other jurisdictions. Access to these webpages' content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access these webpages from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. These Terms of Use are made in Texas and shall be construed, interpreted, and governed by the laws of such state. The parties irrevocably consent to the sole and exclusive jurisdiction and venue of the courts in Harris County, Texas, for any action under these Terms of Use. Information published on these webpages may contain references or cross-references to goods or services that are not available in your state or country.

ENTIRE AGREEMENT; SEVERABILITY

You acknowledge that you have read and understood these TERMS OF USE and that you agree to be bound by these terms and conditions. You further agree that these TERMS OF USE, together with the Privacy Policy and Blogging Policy, which are hereby incorporated into these TERMS OF USE by reference, constitute the complete and exclusive statement of these TERMS OF USE between you and BCM, and that they supersede all other proposals or prior agreements, oral or written, and any other communications relating to the subject matter of these TERMS OF USE. If any provision of these TERMS OF USE is found unenforceable, it shall not affect the validity of these TERMS OF USE, which shall remain valid and enforceable according to the terms described herein.

By choosing to use BCM websites, you acknowledge and agree to the TERMS OF USE. We reserve the right to modify these terms and policies and recommend that you review them periodically.

CONTACT US

For further information, or inquiries about these TERMS OF USE, please contact:

Center for Educational Outreach
Baylor College of Medicine
One Baylor Plaza MS BCM411
Houston, TX 77030
Phone: 713-798-8200
Email: edoutreach@bcm.edu

I am of legal age to enter into these TERMS OF USE.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES THROUGH THIS PROCESS WILL NOT RECEIVE A RESPONSE.

Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent.

Patrick Turley, PhD, JD
Office of General Counsel
Baylor College of Medicine
One Baylor Plaza
Houston, Texas 77030 USA
Phone: 713-798-6137
Fax: 713-798-6368
pturley@bcm.edu

To be effective, the Notification must include all of the following information.

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

BLOGGING POLICY

Blogs and commentary on our websites are subject to our Terms of Use and Privacy Policy, as well as the following additional rules. We can change this policy at any time, so check back here regularly.

  1. The golden rule of this blog is the Golden Rule: treat others as you would like to be treated. Good manners are a must!
  2. We welcome relevant, respectful comments, but we are not responsible for, and do not endorse comments posted on this blog.
  3. You accept all risks associated with the use of any messages, information or content associated with this blog, including any reliance on their accuracy, completeness, or usefulness.
  4. We are not liable for any errors or omissions in any commentary or blog post, or for any losses or damages incurred as a result of this blog.
  5. We reserve the right, but do not have any obligation, to review and moderate comments, and we may delete, move, or edit messages that we, in our sole discretion, deem abusive, defamatory, profane, obscene, in violation of copyright or trademark laws, in violation of any law or this policy or our Terms of Service, or are otherwise unacceptable.
  6. By loading comments, you give us the right to edit your comments and to republish them without compensation to you or any other person. By providing comments, you warrant that you have the right to provide the information and that all moral rights in the uploaded materials have been waived. Of course, since you intend for your comments to be public, you understand that you have no expectation of privacy in those comments.
  7. If you decide to provide a comment, there will be a time lag before it appears; and it is possible that your comment may not be posted at all, especially if it violates our blog policy or other Terms of Use, or if it is repetitive of other, previous comments, or is not relevant to the discussion. BC