The Microscope Depot
Terms and Conditions

Thank you for using The Microscope Depot ("The Microscope Depot") web site ("Site").
Your activities and acquisitions at the Site are governed by this document, the conditions, notices and consents that are provided or obtained in connection with the Site (collectively, "Agreement"). As used in the Agreement "you" are an individual acting on your own behalf, or "you" are an agent of a person or entity that has authorized you to act on that person's or entity's behalf.


By using the Site or by placing an order through the Site, or by placing an order through any other medium for products described or made available through the Site, you agree as follows:


Order Modification, Cancellation and Returns
(a) You agree that all orders placed through the Site, by telephone, by FAX, by electronic mail, by conventional mail or by any other medium are considered to have been processed at such time as they are received and accepted by The Microscope Depot. Once your order has been processed, it may not be modified or cancelled in any way, for any reason, without written consent from The Microscope Depot.

(b) You agree that, having placed an order, you have ensured that all the information provided to The Microscope Depot in conjunction with your order is accurate and correct. You further agree that you are the person or entity identified as the intended recipient of the product or products being ordered, or that you are acting on behalf of the person or entity so identified with the full authority of the person or entity to enter into the transaction which constitutes your order.

(c) You agree that you will make no effort to withhold payment for your order or to subsequently dispute payment for your order, subject to the laws of the jurisdiction of San Joaquin County, California USA.

(d) You agree that in the event The Microscope Depot does not receive complete payment for your order due to a dispute, insufficient funds or any other cause, The Microscope Depot shall have recourse to seek payment in any manner it sees fit, subject to the laws of the jurisdiction of San Joaquin County, California USA. In such instance, The Microscope Depot may employ a third-party collection agency to collect money owed to it, and shall be free to disclose any information it sees fit to a collection agency to facilitate the collection of said debt. Further, in this eventuality, you agree to pay, in addition to the total value of your order, any reasonable cost of collection required to obtain payment for your order by The Microscope Depot or its agents or representatives, and to compensate The Microscope Depot for any bank charges, processing fees or other costs incurred.

(e) You agree that non-delivery of your order does not constitute sufficient grounds for cancellation of said order, or for dispute of the charges for said order or any products therein. In the event that your order is not delivered within the time specified by The Microscope Depot at the Site, you agree to contact The Microscope Depot and arrange to have a replacement order shipped. You agree that the sole responsibility of The Microscope Depot is the replacement of your order. You agree to indemnify, hold harmless, and defend The Microscope Depot and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the non-delivery of your order.

(f) In the event that your order is found to have been undelivered due to an error in the information provided by you to The Microscope Depot for the purpose of shipping your order, you agree to compensate The Microscope Depot for the cost of a replacement order, including but not exclusive to packaging, media costs, labor and postage or shipping costs, if so requested by The Microscope Depot.

(g) You agree that this order is not returnable. However, specific products may have a return policy in effect from time to time and will be so indicated on the product's detail web page. Different products on a single order may have different return policies as specified on the product's detail web page, and if there is no such detail on the web page, the product is non-returnable.  In certain circumstances, The Microscope Depot may agree to accept a product for return that is otherwise non-returnable. In such instances The Microscope Depot will charge an appropriate re-stocking charge, which shall be not less that 15% of the product's purchase price, and possibly more if appropriate as determined solely by The Microscope Depot..


Privacy and Security
(a) The Microscope Depot agrees to take all reasonable precautions to ensure the privacy of information provided to it by you for the purpose of placing an order or otherwise licensing or purchasing The Microscope Depot products, and for subsequent communications concerning your order, the products you have ordered or related matters. These precautions include but are not exclusive to:


Your name, address, telephone number, credit card information and e-mail address will not be disclosed to third parties without your express permission or proper legal due process, except as is required to facilitate the processing of your order or subsequent related communications.

No information will be collected or disseminated regarding your order or other communication with The Microscope Depot without your consent.


(b) You agree that you will keep in confidence any information provided by The Microscope Depot to you, subject only to proper legal due process. You will not disclose to third parties any communication from The Microscope Depot to you without the express written permission of The Microscope Depot.

(c) You agree that software product registration codes constitute confidential information provided to you by The Microscope Depot, and you agree that you will not communicate them to third parties except as is required to install the licensed software in accordance with the terms under which it is purchased. You will not store, record, transmit or communicate registration codes in an insecure manner, as would permit them to become known to parties which have not entered into the license agreement for the software.

(d) You agree that intellectual property owned or distributed by The Microscope Depot and its suppliers, including but not exclusive to the text of books, images and recorded sound, constitutes confidential information provided to you by The Microscope Depot, and that you will not communicate, distribute or disclose this information to third parties or store it in a manner likely to allow it to be disclosed to third parties except under conditions permitted in the specific license agreements for said intellectual property. In the absence of specific agreements permitting the disclosure of this material, said intellectual property shall be deemed confidential.

(e) You agree that in the event that your order proves to be in any way fraudulent, or that you violate any terms of this agreement or the license terms of any products which you license or purchase, or that you attempt to disavow or dispute all or part of the purchase price for your order, The Microscope Depot shall be free to disclose any and all information provided by you in any manner it sees fit.

(f) You agree that The Microscope Depot is not responsible for errors, acts of third parties or acts of God which may result in the unintentional disclosure of your private information. You agree to indemnify, hold harmless, and defend The Microscope Depot and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the unintentional disclosure of your private information.


Your Representation
(a) You represent and warrant for the benefit of The Microscope Depot that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement and make the credit card charges on your own behalf or on behalf of any person or entity for whom you are acting as agent; and (c) all information that you submit to us is true, accurate and current.

(b) You represent that, in the event that you provide The Microscope Depot with a physical address to which products are to be shipped, said address constitutes a secure and suitable location to which your order can be delivered and accepted by you or someone acting on your behalf. You agree that The Microscope Depot will not be responsible for the loss of your order after it has been delivered to the address you have provided. You further agree that The Microscope Depot will not be responsible for the unintentional disclosure of your private information after it has been consigned to any third party carrier, including the public mails.


Electronic Communication
(a) By placing an order with The Microscope Depot, you permit us to communicate with you through electronic media such as e-mail for the purpose of fulfilling and subsequently servicing your order. You agree and understand that electronic communication is not infallible, and that if all or part of the license or license requirements for your ordered products are to be delivered by electronic media and fail to be received by you, The Microscope Depot' sole responsibility will be to retransmit the aforementioned material by electronic media. You agree to indemnify, hold harmless, and defend The Microscope Depot and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the failure of the aforementioned material to be successfully transmitted to you by electronic media.


Submission of Ideas, Suggestions or other Intellectual Property
(a) Any comments or information that you provide to The Microscope Depot, for example feedback or ideas, suggestions, concepts, or other information (collectively, the "Submissions"), shall be deemed, and shall remain, the property of The Microscope Depot. None of the Submissions shall be subject to any obligation of confidence on the part of The Microscope Depot, and The Microscope Depot shall not be liable for any use or disclosure (including publication in any medium) of any Submissions. Without limitation of the foregoing, The Microscope Depot shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions.


Availability of Ordered Products
(a) All items ordered from The Microscope Depot are subject to availability. We reserve the right to reject any and all orders. Subject to applicable law, The Microscope Depot reserves the right to deliver items acquired as part of your order at different times in the event that they are not available for shipment at the same time. The Microscope Depot also reserves the right to limit the quantity of any items that may be obtained by you through the Site.

(b) The Microscope Depot reserves the right to substitute equal or better products for those originally ordered. The Microscope Depot shall, at its sole discretion, decide which products qualify as equal or better.

(b) All orders placed through the Site are shipment contracts, not destination contracts. If you would like your items delivered at a particular location, you will be responsible for the shipping charges. Shipping and handling charges may or may not reflect actual costs and may be amended by The Microscope Depot from time to time.


Items Shipped or Returned to The Microscope Depot
(a) You agree not to ship items to The Microscope Depot or return items to The Microscope Depot without a specific Return Merchandise Authorization number provided to you by The Microscope Depot for the shipment in question. You understand that all items shipped to The Microscope Depot are at your risk, and that The Microscope Depot shall not be held liable for their value under any circumstances.

(b) You understand that items shipped to The Microscope Depot without a valid Return Merchandise Authorization number clearly and prominently displayed on the exterior of the package may and shall be destroyed or returned to you, at the discretion of The Microscope Depot.


License to Use the Site
(a) We hereby grant you the right to view and use the Site for the purpose of shopping in accordance with this Agreement. You may download and print copies of this document and of screens from this Site for the purpose of retaining records of your transactions at the Site. Subject to applicable law, The Microscope Depot reserves the right to suspend or deny, at its sole discretion, your access to all or any portion of the Site with or without notice.


Jurisdiction
(a) This Agreement is governed by the laws of San Joaquin County, California USA. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of San Joaquin County, California USA and further agrees to commence any litigation which may arise hereunder in the courts located in San Joaquin County, California USA.


Entire Agreement
(a) If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) together with any license or agreement with The Microscope Depot delivered in connection with any item acquired via the Site, constitutes the entire agreement between you and The Microscope Depot with respect to the Site and that item, and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and The Microscope Depot regarding the Site and/or any order you place through it.


© 2008 The Microscope Depot. All rights reserved. Terms and Conditions.