Terms of service

OVERVIEW
This website is operated by KnowAtom, LLC. Throughout the site, the terms “we”, “us” and “our” and "KnowAtom" refer to KnowAtom, LLC. KnowAtom, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KnowAtom, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless KnowAtom and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@knowatom.com.

SECTION 21 - EDUCATIONAL CURRICULA AGREEMENT APPLICABLE TO ALL CURRICULUM AND MATERIALS PURCHASES

This EDUCATIONAL CURRICULA AGREEMENT (“Agreement”) is effective as of your date of purchase (“Effective Date”) by and between KnowAtom, LLC (“KnowAtom”) and you the purchaser executing this online transaction (“Purchaser”).

WHEREAS, KnowAtom produces proprietary educational materials for use in elementary and middle school science, engineering, technology, and math education;

WHEREAS, Purchaser wishes to purchase the KnowAtom materials and curricula to provide elementary and middle school science, engineering, technology, and math education at home or in a small group or school setting (the “Permitted Use”);

WHEREAS, subject to the terms and conditions set forth herein and the KnowAtom website Terms of Use and Privacy Policy (the “Website Terms of Use”) the Purchaser desires to use certain of KnowAtom’s proprietary educational materials as described below and KnowAtom is willing to provide the same to the Purchaser.

NOW, THEREFORE, for the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the parties hereto agree as follows:

1.1 Supply. Purchaser agrees to purchase from KnowAtom, and KnowAtom agrees to sell to Purchaser, products and materials as set forth on Exhibit A attached hereto (the “Materials”). All purchases are non-refundable.

1.2 .

1.3 Proprietary Materials. The Materials and all designs, text, graphics, pictures, video, information, applications are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Purchaser represents and warrants to KnowAtom that is acquiring the Materials solely for educational purposes and will not use the Materials or permit anyone else to use the Materials for any other purposes, including, but not limited to preparing a review, incorporating into other materials, or to prepare a guide or other resource.

1.4 Registration and Identifying Information. Purchaser represents and warrants that any and all information provided to KnowAtom shall be complete, true, accurate, and current in all respects and that Purchaser shall update any changes to information as soon as such changes occur. Purchaser is responsible for maintaining the confidentiality of Purchaser’s account and password. Purchaser accepts responsibility for all activities that occur under Purchaser’s account and password. Purchaser represents and warrants that Purchaser is authorized to provide any identifying information regarding a minor.

1.5 Nature of the Materials. Purchaser acknowledges and agrees that the Materials are created for use by teachers and students in a school setting and that the Materials and the use thereof may require adaptation for use in a home or small-group/school setting. KnowAtom disclaims any obligation to adapt or otherwise revise the Materials for use in a home, small-group setting or otherwise. Purchaser specifically acknowledges and agrees as follows:

(a) The Materials will be used for their intended purposes.

(b) Purchase will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content or materials. Use or display of the Materials for any purpose not expressly provided for herein or by unauthorized users is prohibited.

(d) The Materials may contain components that could result in exposure to chemicals, including arsenic, which is known in the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.

(e) The materials are for use in scientific experiments and are not for human consumption.

(f) All student records and platform data is destroyed on the earlier of termination or expiration of the subscription.

(g) Due to natural variation, the appearance of the Materials may differ from the pictures on the website.

(h) KnowAtom reserves the right to make modifications to a kit including substitutions and modifications to the type and quantity of items included in the Materials.

(i) All registration information is truthful and accurate and Purchaser will maintain the accuracy of this information.

(j) Purchaser is responsible for maintaining the confidentiality of the account and will immediately notify KnowAtom of any unauthorized use, suspected unauthorized use, or any other breach of security.,

(k) Purchaser will not use the KnowAtom website or any services to collect, upload, transmit, display, or distribute any Purchaser or other user content (i) that violates any third-party rights, that is unlawful, harassing, abusive, tortious, threatening, harmful, false, obscene, offensive, or otherwise objectionable, (ii) harmful to minors in any way, (iii) violates any applicable law, rule, or regulation, (iv) constitutes a computer virus, work, or any software intended to damage or alter a computer system or data, or (v) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes and the like.

1.5 Acceptance. Purchaser will be deemed to have accepted the Materials if it does not return the Materials to KnowAtom within five (5) days of its receipt of the Materials. KnowAtom reserves the right to reject any order or to cancel any order previously accepted in its sole discretion. If KnowAtom terminates a subscription due to a breach by the Purchaser of any term or condition contained herein or in the Website Terms of Use, the Purchaser shall not be entitled to a refund of any amounts paid.

1.7 Payment Terms. When placing an order, you agree to pay the price for the Materials purchased, delivery fees, and all applicable taxes.

1.8 Shipment. Except as otherwise stated in Exhibit A, all shipments will be FOB point of delivery and risk of loss will pass to Purchaser upon delivery to Purchaser. Except as otherwise stated in Exhibit A, shipment will be made via carrier identified by KnowAtom and Purchaser will pay all freight and shipping charges.

1.9 Term. The term of any purchase of kits or a subscription under this Agreement is one (1) year.

2.1 Warranties. The tangible Materials provided hereunder are subject to the following warranties and limitations (the Website Terms of Use govern the use of the website and any downloadable files):

2.1.1 KnowAtom warrants against manufacturing defects in tangible materials (A) for a period of one (1) year following delivery to the Purchaser with respect to the new non-consumable Materials supplied to Purchaser hereunder, and (B) for a period of ninety (90) days following delivery to the Purchaser with respect to the new consumable Materials supplied to Purchaser hereunder. KnowAtom makes the foregoing warranties to and for the benefit of Purchaser only, and they may not be assigned to any other party.

2.1.2 If any tangible Materials (or applicable components of the same) do not conform to the foregoing warranties, KnowAtom’s sole obligation with respect thereto will, at KnowAtom’s sole option, be to (a) (i) repair or replace the tangible Materials (or applicable components of the same) without charge or expense to Purchaser, or (b) credit Purchaser for the amount paid by Purchaser for such non-conforming tangible Materials (or applicable components of the same). Where such credit is so elected by KnowAtom, if the non-conforming tangible Materials constitute components not separately billed to the Purchaser, then the amount of such credit shall be as reasonably determined by KnowAtom by reference to the cost to KnowAtom of the component relative to the associated unit.

2.1.3 The above warranties are contingent upon the proper use, storage and, as to non-consumable tangible Materials, maintenance of the tangible Materials and will be void (i) with respect to tangible Materials on which the original identification marks have been removed or altered, and (ii) with respect to defects or failures due to disaster, accident, neglect, misuse, maintenance or improper storage (in each case not directly attributable to KnowAtom). KnowAtom’s reasonable determination as to the warranty’s voidness under this Section 2.1.3 shall be binding upon Purchaser and, in the event of such determination, all costs and expenses incurred by KnowAtom under Section 2.1.2 with respect to the item in question shall be paid by Purchaser upon KnowAtom’s written demand therefore. Purchaser must return tangible Materials to KnowAtom with postage paid at Purchaser's expense, tangible Materials repaired or replaced will be sent to Purchaser postage paid by KnowAtom. In the event tangible Materials are sent to KnowAtom and KnowAtom determines the warranty is void, KnowAtom will offer to return the item(s) if determined reasonably possible at the Purchaser's expense. KnowAtom may offer the Purchaser an opportunity to purchase a replacement.

2.1.4 Purchaser represents and warrants to KnowAtom that it is duly authorized to enter into this Agreement and perform its obligations hereunder and that it has funds on hand or an appropriation sufficient to allow it to make all of the purchases contemplated hereby. The representations set forth in this Section 2.1.4 shall survive any termination or expiration of this Agreement.

2.2 Warranties Limitation. THE MATERIALS AND ANY DOWNLOADABLE TOOLS, ALL INFORMATION, CONTENT, MATERIALS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH IN SECTION 2.1.1 AND IN THE WEBSITE TERMS OF USE, KNOWATOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. KNOWATOM DOES NOT WARRANT THAT THE USE OF THE WEBSITE OR SERVICE WILL BE INTERRUPTED, ERROR-FREE, OR VIRUS-FREE. THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH IS DONE AT PURCHASER’S SOLE DISCRETION AND RISK. PURCHASER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE ON THE WEBSITE OR RELATED SERVICES AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT.

2.3 Proper Use. Purchaser acknowledges and agrees that all Materials and supplies are not toys or for entertainment, and are designed for classroom use. ALL USE OF THE MATERIALS AND SUPPLIES SHOULD BE SUPERVISED BY AN ADULT AND IN ACCORDANCE WITH ALL SAFETY AND HANDLING INSTRUCTIONS AND AS OTHERWISE DICTATED BY THE CIRCUMSTANCES. Purchaser agrees to use, store and, as applicable, maintain all Materials in accordance with KnowAtom’s written procedures and recommendations. KnowAtom shall not be liable for any damages, costs or expenses resulting from Purchaser’s failure to observe the provisions of this Section 2.3 or otherwise fail to use the Materials and supplies in a reasonable manner. Purchaser will dispose of the Materials in accordance with all applicable laws, rules, and regulation.

2.4 Purchaser Indemnity. The Purchaser will indemnify and hold harmless KnowAtom from and against any and all liabilities, claims, suits, damages, losses, or expenses (including, without limitation, attorneys’ fees), or loss of any kind sustained by KnowAtom and/or its affiliates and their respective directors, officers, agents and employees, and their respective successors and assigns based upon, arising out of or resulting from any of the following: (i) any damage or deficiency resulting from any misrepresentation, breach of warranty or non-fulfillment or breach of any agreement on the part of the Purchaser under this Agreement or the Website Terms of Use or from any misrepresentation in or omission from any certificate or other instrument furnished or to be furnished to KnowAtom, (ii) any loss or liability in connection with the use or storage of the Materials by Purchaser (provided this subsection (ii) shall not apply to loss or liability directly and primarily caused by KnowAtom’s own gross negligence or intentional misconduct), (iii) any breach of applicable privacy or data security law on part of the Purchaser, and (iv) any and all actions, suits, proceedings, assessments, judgments, costs and legal and other expenses and fees incident to any of the foregoing.

2.5 Origin. All kits sold on this site contain parts made in China. Packaged in the USA.

3.1 Proprietary Rights. The Purchaser recognizes that the Materials and all related information and content included therein, including but not limited to all literature materials, visual aids, posters, as well as any enhancements and derivative works are proprietary to KnowAtom, and that all rights related thereto, including any and all copyrights, trademarks/service marks (including, but not limited to, U.S. Registration No. 3,990,575), know-how and trade secrets (collectively, “KnowAtom IP”), are owned by KnowAtom and its assignees, and as such, may not be reproduced, re-written, or copied or reversed engineered without prior express written consent of KnowAtom except as otherwise expressly permitted under Section 3.2. Purchaser further acknowledges that all use of KnowAtom IP shall inure solely to the benefit of KnowAtom and Purchaser shall not acquire any rights therein.

3.2 Grant of License. KnowAtom grants to Purchaser a non-exclusive, non-transferable, license to use such proprietary and licensed content as may be provided by KnowAtom with the Materials during the term of this Agreement solely for personal academic use.

3.2.1 To the extent that electronic use of content is contemplated by a permitted user of the Materials, then such user’s use of the same is permissible only when restricted by reasonable password protections and other procedures as implemented by KnowAtom from time-to-time. Where such user’s use is restricted by password protection and/or requires registration details for a user account, KnowAtom reserves the right, in its sole discretion, to terminate access to the user account, the Materials, KnowAtom’s services, and/or to remove and discard any data for any reason, including, without limitation, if KnowAtom believes that such user has violated or acted inconsistently with this Agreement and/or the Website Terms of Use (https://www.knowatom.com/terms-of-use), as may be applicable.

3.3 Compliance with Data Security and Privacy Law The Purchaser shall ensure that the use of the Materials is done in accordance with the provisions of applicable data security and privacy laws including the Children’s Online Privacy Protection Act (COPPA), Family Educational Rights and Privacy Act (FERPA), and the Child Internet Protection act (CIPA) (COPPA, FERPA, and CIPA and any other laws, rules or regulations related to the safety and security of children and related information are referred to collectively as the “Child Privacy Laws”). Purchaser represents and warrants to KnowAtom that Purchaser is the parent or guardian of all users of the Materials and has the authority to grant consent for and on behalf of all users of the Materials under all Child Privacy Laws. The Purchaser will use best efforts and to cooperate fully with KnowAtom and take such other actions as may be reasonably requested by KnowAtom to authorize KnowAtom to provide the services described herein.

4.1 Termination for Cause. Either party will have the right to terminate this Agreement following any material breach or default in performance under this Agreement by the other party upon 30 days’ prior written notice by certified mail to the breaching party specifying the nature of the breach or default. Unless the breaching party has cured the breach or default prior to the expiration of the 30 day period, the non-breaching party, at its sole option, may terminate this Agreement upon written notice to the breaching party. Termination of this Agreement will become effective upon receipt of such notice by the breaching party.

4.2 Termination for Insolvency. Either party may terminate this Agreement immediately upon written notice without opportunity to cure if the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed with prejudice within 60 days after filing.

4.3 Effect of Termination. Expiration or termination of this Agreement will not relieve the parties of any obligation accruing prior to such termination. The provisions of Sections 1.10(b), 2.2, 2.4, 3.1 and 5.1 shall survive any expiration or termination of this Agreement.

5.1 Limitation of Liability. KNOWATOM’S LIABILITY ARISING OUT OF THIS AGREEMENT, THE TERMINATION THEREOF, AND/OR THE PROVISION OF GOODS OR SERVICES HEREUNDER WILL BE LIMITED TO THE AMOUNT PAID BY PURCHASER TO KNOWATOM HEREUNDER DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. KNOWATOM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A CYBERATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT PURCHASER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO PURCHASER’S USE OF THE KNOWATOM SERVICES OR TO ANY USER OF THE PURCHASER DOWNLOADING ANY MATERIALS POSTED ON KNOWATOM WEBSITES OR PORTALS, OR TO ANY WEBSITE LINKED TO IT. IN NO EVENT WILL KNOWATOM BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH PURCHASER’S USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES, OR ANY APPLICATIONS ASSOCIATED WITH KNOWATOM. IN NO EVENT WILL KNOWATOM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT, HOWEVER CAUSED (INCLUDING FROM A DATA BREACH) AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF KNOWATOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.1 Miscellaneous. This Agreement will be governed by, and construed and interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without reference to conflict of laws principles. For any dispute arising out of this Agreement, the parties to this Agreement consent to personal and exclusive jurisdiction of and venue in the state and federal courts located within the Commonwealth of Massachusetts. Except for obligations relating to the payment of money, neither party will be liable for any loss, damage or penalty resulting from delays or failures in performance resulting from acts of God or other causes beyond its control; provided, that if such delay or failure in performance continues for more than three (3) weeks, the other party may terminate this Agreement on written notice to the other. Each party agrees to notify the other promptly of any circumstance delaying its performance and to resume performance as soon thereafter as is reasonably practicable. Purchaser agrees that its rights and obligations under this Agreement may not be transferred or assigned to a third party without the prior written consent of KnowAtom, which consent may be withheld by KnowAtom in its absolute and sole discretion. KnowAtom and Purchaser intend that only KnowAtom and Purchaser will benefit from, and are entitled to enforce the provisions of, this Agreement and that no third party beneficiary is intended under this Agreement. Except as otherwise expressly provided herein, no modification to this Agreement, nor any waiver of any rights, will be effective unless assented to in writing by the party to be charged and the waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. Any required notices hereunder will be given in writing at the address of each party set forth above, or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, and will be deemed served when delivered or, if delivery is not accomplished by reason or some fault of the addressee, when tendered. This Agreement constitutes the entire and exclusive agreement between the parties hereto with respect to the supply of Materials by KnowAtom to Purchaser, and supersedes and cancels all previous agreements, commitments and writings in respect thereof. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement will continue in full force and effect without said provision; provided that no such severability will be effective if it materially changes the economic benefit of this Agreement to either KnowAtom or Purchaser.

6.2 Force Majeure.

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any non-monetary term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) shortage of adequate supplies, power or transportation facilities; and (j) pandemics, epidemics and quarantines. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

EXHIBITS:

EXHIBIT A:

Your itemized receipt from this website.

EXHIBIT B:

KnowAtom LLC (“KnowAtom”) will act as a third-party educational services provider to you (the “Purchaser”). These services will include providing an online interactive portal that will enable users to access, post, and edit supplemental educational materials to ensure that students are provided with the very best in learning resources. For students, this means that KnowAtom services will be directed at children under the age of 13 and that KnowAtom will collect information which may contain student names, and states.

Under the federal law entitled the Children’s Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505 (COPPA), parental consent is required before any website or online service collects personally identifiable information from a child under the age of 13. The Purchaser represents and warrants that it has requested and received all information regarding KnowAtom’s collection, use, and disclosure practices as it deems necessary to make an informed decision with respect to this consent. KnowAtom’s full privacy policy can be found on its website at: https://www.knowatom.com/privacy-policy. For more information on COPPA, please visit: http://www.ftc.gov/privacy/coppafaqs.shtm.

The Purchaser represents and warrants to KnowAtom that he/she has the authority to consent to allow KnowAtom to collect the information described above for the purposes outlined. The Purchaser may request to review any information collected, or withdraw consent to share information with respect to any child at any time, at which time any information previously collected will be deleted.