This   Agreement (the Agreement') governs the terms of submission and use by Client of services offered by BioVoyage Institute (BioVoyage) ('Provider'). 

By submitting this form, you are stating that you have read the various agreements and that you are aware of and understand everything that is contained in the said agreements.  You are also stating that you agree to abide by them and as stated.

This is the same as your signature and you will be held accountable.

Such submission is made pursuant and subject to the following terms and conditions:

I understand that because of your position in the education industry you receive numerous unsolicited submissions of ideas, formats, lesson plans, lab experiments, recordings, presentations, stories, suggestions and the like which may be similar to those developed by you, your partners, associates, your employees or to those otherwise available to you.  I further understand that you have adopted the policy with respect to unsolicited submissions of material, or refusing to accept, consider or review such material unless the person submitting such material has signed an agreement in form substantially the same as this. I specifically acknowledge that you would refuse to accept, consider or otherwise review the Material in the absence of my acceptance of each and all provisions of this agreement.  It is understood that no confidential relationship is established by my submitting the Material to you hereunder.  I shall retain all rights to submit this or similar material to persons other tthan you except as may be otherwise set forth and made a part hereof.

In consideration of my execution of this agreement and of the submission concurrently herewith, you agree to cause the Material to be reviewed.

I have retained at least one copy or duplicate of the Material submitted to you concurrently herewith.  You will make a reasonable effort to return the Material to me on my request, or otherwise make it available for my pickup.  However, you shall not be responsible to me, financially or otherwise, for any inadvertent loss of, or damage or destruction to the Material.  I understand that your returning the Material to me shall not terminate or affect any rights or obligations under this agreement.

I agree that you have no obligations to me with respect to the Material except as in this agreement set forth, and that no other obligations exist or shall be deemed to exist.  I further acknowledge that at this time you have no intent to compensate me in any way and I have no expectation of receiving any compensation.  However, you agree that, except as provided in Paragraph 5 below, you will not use the Material unless you and I hereafter mutually agree upon terms which are made a part hereof.

If the Material or any elements thereof submitted by me is not new, unique, concrete, or novel and/or is in the public domain and/or does not constitute protectable property and/or is not original with me, I agree that you have the right to use such elements without any obligation to me whatsoever.  Without limiting the foregoing, I claim rights in the title of the Material only as regards its use in connection with the Material.

In the event any litigation should be instituted under or pursuant to any provision of this agreement or otherwise with respect to the material, the unsuccessful party shall bear all costs and expenses incurred by the successful party.  This agreement shall be construed and interpreted pursuant to the laws of the State of Florida.  Any award favorable to me shall be limited to a monetary award which shall either (a) bear a reasonable relationship to monies normally paid by you for similar material or elements, or (b) be an amount equal to fair market value therefore, whichever amount the Court shall deem appropriate in the circumstances.  Said award in either event shall be measured by monies normally paid by you for similar material or elements or fair market value as of the date of this agreement.

I hereby warrant and represent that: (a) the Material was created and is solely owned by me and no other person, firm or corporation has any right, title or interest therein or thereto; (b) I have full right to submit same to you upon all the terms and conditions stated herein; and (c) the description of the Material as herein specified contains all the elements thereof.  I will forever indemnify you from any and all claims, loss or liability (including reasonable attorney's fees) that may be asserted against you or incurred by you at any time in connection with the material or any use thereof and arising from any breach of these warranties

Either party to this agreement may assign or license its rights hereunder, but such assignment or license shall not relieve such party of its obligation hereunder.  If more than one party signs this agreement as to the submitting party, then reference to "I" or "me" throughout this agreement shall apply to each such party, jointly and severally. Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted and this agreement with such provision or part thereof omitted shall remain in full force and effect.

Indemnity. Client agrees to defend, indemnify and hold Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services pr provided by Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by Provider, but excluding those related to the negligence of Provider.

Compliance with Law. Client agrees to use the services offered by Provider in a way that doesn't violate any laws and regulations. It's Client's responsibility to be informed of applicable laws and regulations.

Requests and Investigations.  Provider has the right to without notice make requests to third parties and to initiate investigations on its own, if fair suspects of abuse of services, violations of laws or any part of this Agreement.  Inconveniences, damages or loss suffered by Client because of such acts shall not under any circumstances be compensated by Provider.

Disclaimer Of Warranties. Provider's service is provided on an 'as is, as available' basis.

Provider specifically disclaims any other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. in no event shall provider be liable for any consequential, indirect, special or incidental damages, even if provider has been advised by client of the possibility of such potential loss or damage. if provider's service to client is disrupted or malfunctions for any reason, provider shall not be responsible for losses of income due to disruption of service, beyond the fees paid by client to provider for services, during the period of disruption of malfunction.

Waiver. Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

The Agreement's Integrity. Nothing verbal or written between the Provider and Client or third parties can overrule or replace this agreement or any other agreement on this website.

Attorneys' Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the Provider in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs incurred in the proceeding from the Client or third party, as well as any reasonable attorneys' fees and costs that the Provider incurred prior to commencing the proceeding.

Governing Law/Venue. This Agreement shall be governed by the laws of Florida. Venue for any action hereunder shall be in Largo, Florida.

Relationship of the Parties. The parties intend that an independent user relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.

Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement, then Client shall be responsible for all such taxes and, Client vow to pay those and such taxes.

This agreement shall not be in conflict with any other agreement on this website, but shall compliment.