By registering for, accessing or using the Green Chemistry Teaching and Learning Community online platform (“GCTLC”), you are agreeing to the Terms and Conditions of Use set forth herein. Please read these carefully before registering for, accessing or using the GCTLC, which includes the GCTLC’s online library of resources. The GCTLC is administered by Beyond Benign, Inc.—a 501C-3 non-profit organization based in the United States dedicated to fostering a green chemistry community that empowers educators to transform chemistry education for a sustainable future. The GCTLC was developed and is hosted and maintained by Skvare LLC . By registering for, accessing or using the GCTLC, you accept, without limitation or qualification, these Terms and Conditions of Use.
This document was created on July 20th, 2023. It was last updated on August 21st, 2023.
1. Modification of the Agreement
Beyond Benign, Inc. maintains the right to modify these Terms and Conditions of Use and may do so at any time by posting modifications on this page. Any modification is effective immediately upon posting unless otherwise stated. Your continued use of the GCTLC following the posting of any modification signifies your acceptance of that modification. While we will attempt to inform users of major updates or changes to this document, it is the sole responsibility of each user to ensure they are up to date on these Terms and Conditions of Use at any given time. Users should regularly visit this page to review the current version of the Terms and Conditions of Use for the GCTLC.
The GCTLC is intended for use by all green chemistry education community members, including (but not limited to) teachers in kindergarten through to grade 12 (“K-12”) schools (including elementary, middle, and high schools), faculty educators and lecturers in higher education (college and university), students (including undergraduate, and graduate students), postdoctoral fellows, industry stakeholders, environmental health and safety (“EH&S”) officers and representatives, policymakers, and more.
All users who register for the GCTLC hereby agree that they are at least 18 years of age or older at the time their account is created. Users under the age of 18 are not eligible to register for the GCTLC at this time. Beyond Benign, Inc., its staff, affiliates, volunteers, board members, sponsors, partners, parents, subsidiaries, directors, officers, employees, stockholders, licensors, and all other relevant stakeholders (henceforth the “Administrators”) do not collect data or information about the age of users on the GCTLC, and as such it is the responsibility of the users to ensure they meet the age requirements outlined above. Any user found to be in violation of these terms of eligibility will have their account deleted. As per sections 7 and 8 below, the Administrators will be held harmless from all liability and any indemnification obligations related to use of the GCTLC by all users, including users who are under the age of 18 but claim to be otherwise.
3. Registration and Access
To register for the GCTLC, new users will be required to provide their first name, last name, email, career stage, and primary institutional affiliation (users may also indicate they are unaffiliated at the time of registration, if this does not apply) in order to administer their account; they will also be required to affirmatively accept the Terms and Conditions of Use as well as the Code of Conduct for the GCTLC as part of the registration process.
Access to the GCTLC for anonymous visitors is restricted to “read-only”, with certain parts of the GCTLC restricted from view and available only to registered users, users with specific roles, and/or site administrators. Only registered users may contribute content to the GCTLC, which includes (but is not limited to) user profile and account details, learning objects, events, job postings, comments (including forum comments), and more (henceforth known as the “Content”).
Anonymous visitors and registered users are not permitted access to the administrative functions of the GCTLC, including any of the coding, development, back-end databases, or administrative systems. Certain exceptions may apply for users with special roles (such as limited administrators). Users hereby agree not to steal the login or password information of other GCTLC users and agree not to access the accounts of other users without permission. Any user found in violation of these terms will be banned from the GCTLC and have any associated accounts deleted.
4. Use of the GCTLC
The GCTLC is intended for use by the entire green chemistry education community and any persons interested in green chemistry education. Content on the GCTLC is provided as is and in an open-access format for all registered users (and in many cases, for anonymous visitors). As such, while every attempt is made to ensure the reliability and accuracy of the data and information included in the GCTLC, the Administrators and Skvare cannot guarantee with absolute certainty the integrity, reliability and accuracy of said data and information. As such, by registering for, accessing, or using the GCTLC, users accept the above and any associated risks with using the information provided on the GCLTC (including, but not limited to, recommended laboratory experiments, substitute reagents and solvents, and guidance on laboratory procedures). Additionally, all users agree that they shall not intentionally and/or maliciously hack the GCTLC, modify code, or otherwise change the design, layout, content, or functionality of the GCTLC in any way without prior permission from the Administrators.
5.1 Providing Data to the GCTLC
The Administrators as well as Skvare LLC take the storage, protection, and administration of user data very seriously. As a result, every precaution is taken to ensure that data on the GCTLC is stored securely and only accessible when necessary for the purposes outlined below. However, because of the nature of online data storage systems and internet security generally, the Administrators and Skvare LLC cannot guarantee with absolute certainty that data stored in the GCTLC can be fully safeguarded against all loss, breach, theft, malicious activity, or other unforeseen outcomes. As such, users who register for, access, or use the GCTLC accept all risks associated with providing and storing their data on the GCTLC. As per sections 7 and 8 of the Terms and Conditions of Use, the Administrators will be held harmless from all liability and any indemnification obligations related to the use and storage of user data as well as loss, breach, theft, malicious activity, or other unforeseen outcomes related to said data.
As per Section 3, users who wish to register for, access, or use the GCTLC must provide a minimum amount of required information for the Administrators to maintain their accounts. Additional data provided by the user are optional and not mandatory for registration on the GCTLC. However, note that all data provided by users to the GCTLC is done so voluntarily. The Administrators of the GCTLC as well as Skvare LLC shall not force or otherwise coerce users into submitting data to the GCTLC against their will, nor shall users, moderators, reviewers, or any other GCTLC community members force or coerce other users to share their data on the GCTLC against their will. For more information, please consult the Code of Conduct (section 7.3) below.
Users agree that any data they provide to the GCTLC will be free from falsification and will be true and complete to the best of their knowledge. Any data found to be fabricated or false in nature (including misinformation) may be removed from the GCTLC and may result in further consequences, including termination of a user’s account. Users are prohibited from impersonating another individual or set of individuals and are prohibited from intentionally sharing misinformation or misguiding other users on the GCTLC. If using identifying information presents a hardship, please contact the Administrators. Users are also prohibited from claiming to own or have the rights to information or data they do not own or do not have the rights to. For more details, please consult the GCTLC Code of Conduct (section 7.3 below).
5.2 Storage of Data
All data submitted by users will be stored in the combined Drupal/CiviCRM system of the GCTLC, which is hosted and maintained by Skvare LLC and administered by the Administrators. The following security features are present in the system:
- Fully managed cloud LEMP (Linux, Nginx, MySQL, PHP) infrastructure
- Fastcgi cache, Opcache and Memcached for ultimate performance
- SSL digital certificate installation, management, and automated renewals
- Security updates and maintenance of Drupal core minor releases and contributed modules
- Security updates and maintenance of all hosting infrastructure
- Security, virus and malware scanning
- Automated backups stored in multiple regions for prompt disaster recovery
Skvare LLC will be providing hosting and maintenance of the Drupal/CivicRM system that houses the GCTLC. Skvare LLC is compliant with all required data protection regulations in the U.S. as well as the General Data Protection Regulations (GDPR) of the European Union (EU). Skvare LLC is also compliant with accessibility requirements, specifically the Web Content Accessibility Guidelines (WCAG) 2.0.
Data provided by users to the GCTLC will be stored in the Drupal/CiviCRM system permanently unless a written request is made by the user to delete their data. Only the original owner of the data can make a request to delete their own data, which requires a written request sent to the site administrators from the email on file for the user as well as confirmation of their username and password by email. Content that has been co-created by users (such as co-contributors for learning objects) will require confirmation from all authors prior to deletion. Users may delete their own user accounts (see section 6 below on “Termination”) at any time through their user dashboard on the GCTLC, however using this process results in the retention of certain user data on the GCTLC and in the Drupal/CiviCRM databases.
From time to time, the Administrators or Skvare LLC may undertake regular maintenance and/or cleaning of data, including but not limited to archiving of unused or obsolete data, removal of duplicate data, and updates to software and modules that may require data maintenance and/or cleanup. If such activities impact regular user access or experience on the GCTLC, every attempt will be made to notify users in advance, however, the Administrators and Skvare LLC cannot guarantee timely communication in every instance. As such, users providing data to the GCTLC accept the risk that their data may change, be removed, or be modified at any time without prior notification. The Administrators and Skvare LLC retain the right to delete any and all data on the GCTLC at any time, without prior warning or consultation with users.
The Administrators and Skvare LLC respect the privacy of user data. It is important for users to understand that much of the data provided to the GCTLC by registered users is available and/or visible to non-registered users (anonymous visitors) through the GCTLC. However, some data may only be visible to other registered users (e.g., downloadable content from learning objects), while other data may only be visible to the Administrators and to the user who created/uploaded the data (e.g., demographic data). For groups on the GCTLC, there are several different types of groups with different privacy, access and visibility settings. Users are responsible for understanding which type of group they are interested in creating and/or joining and the associated privacy, access and visibility settings for that group. Users may also choose to allow or not allow other users and anonymous visitors to view their email on their user profile in order to be able to contact them (this option can be toggled on and off through a user’s dashboard and can be first indicated in the new user registration form).
All user-generated Content (including user profile data, learning objects, articles, blogs, group discussions, forum comments, questions and answers, or other information posted or stored on the GCTLC) is potentially visible to both other GCTLC users and to anonymous visitors to the GCTLC. In some instances, data may be restricted and only accessible to certain GCTLC users, including those with specific roles such as moderators or reviewers, Leadership Committee/Advisory Group members, or limited or full administrators. This may also include specific groups with specified privacy settings that prevent anonymous visitors or other GCTLC users to view or access the content within the group (including group discussions, articles, and shared files). However, as per section 5.1, the Administrators and Skvare LLC cannot guarantee with absolute certainty the preservation and protection of all data on the GCTLC. As such, the Administrators and Skvare LLC disclaim any responsibility or capability for the preservation of confidentiality of any information posted on this site. Users agree not to post or store on the GCTLC any confidential information for which a user is obligated to, or is reasonably expected to, protect.
Under no circumstances will user data be shared with any third-party organizations with the exception of aggregated data used for reporting as described in section 5.4 below. The Administrators and Skvare LLC will never sell, license, or distribute user data. Any sharing of personal data not in aggregate form must have prior written consent from the user in question. The only exception to this is under instances where the release of data is required by law.
5.4 Use of Data
Data on the GCTLC is intended to support the further integration of green chemistry across the education continuum. This includes establishing and fostering collaborations and connections, networking, sharing resources, and more. Users of the GCTLC accept that their data may be used by other GCTLC users to help further educational initiatives, establish new projects or programs, understand user activity and interests, and more. The Administrators may also, from time to time, use data for research and reporting purposes and to report back to funders and sponsors as per grant and partnership requirements. In such cases (including in the publication of the GCTLC’s Annual Impact Report), data will be reported in aggregated form without personal or professional identifiers. However, user data may still be used and analyzed, either in aggregate form or with identifiers, in order to improve the quality of the GCLTC’s functionality and services and to further Beyond Benign, Inc.’s programs. Such data use will be strictly limited to site administrators, Beyond Benign, Inc. staff, and Skvare LLC.
From time to time, the Administrators may work with other projects that seek to study social interactions on the site. In such instances, a Memorandum of Understanding will be established to ensure that any site data provided to the study follows the guidelines of these Terms and Conditions of Use. The Administrators may contact users on behalf of study collaborators to participate in the study, however, participation is voluntary and user information will not be publicly released without prior user consent.
The Administrators reserve the right to contact users to request additional information or to keep them updated on important changes to the GCTLC (including (but not limited to) changes to these Terms and Conditions of Use) and to user accounts. Additionally, the Administrators may send newsletters or other non-essential communications to GCTLC users, however users can opt-out of such communications at any time using the "unsubscribe" link included in the newsletter emails or by contacting firstname.lastname@example.org. The Administrators will make every attempt to ensure requests by users for newsletter subscriptions and requests to unsubscribe are processed in a timely manner. If you are a user and continue to receive newsletters after unsubscribing, or the unsubscribe functionality is not working, please contact the GCTLC directly at email@example.com.
By registering for the GCTLC, users agree to abide by the Code of Conduct for the GCTLC (see section 7.3 below). The Code of Conduct outlines the expected behaviours of users on the GCTLC as well as prohibited behaviours and potential consequences of prohibited behaviour, which can include termination of user accounts. The GCTLC is limited to non-commercial educational activities and occasionally research activities related to green chemistry education. Activity on the platform that is deemed to be contrary to this spirit or is otherwise considered unacceptable or prohibited as per the GCTLC Code of Conduct and these Terms and Conditions of Use may result in the termination of a user’s account or other necessary action. The Administrators reserve the right to terminate a user account at their sole discretion at any time and without prior notice based on reported issues or for any other reason in order to ensure the safety and integrity of the GCTLC platform as well as its users and the Administrators. Users can report prohibited behavior or content on the GCTLC, or behavior or content that is contrary to or against the GCTLC Code of Conduct and these Terms and Conditions of Use, using the reporting webform available through the GCTLC main menu. The procedure for reporting is also outlined in the GCTLC Code of Conduct. In the event of termination of a user account, that user will no longer be permitted to access the GCTLC, however users may request an appeal of decision of account termination by emailing firstname.lastname@example.org.
Users are responsible for maintaining the confidentiality of their user ID and password and accept full responsibility for all activities that occur under their account. If a user suspects a breach in their account or unauthorized access to their account or account details, the user should contact the site administrators immediately to lock the account and prevent any damage or loss of data.
Users may delete their own user accounts at any time through the “Account Settings” button on their user dashboard. However, deletion of a user account only disables the account. All Content previously submitted by the user to the GCTLC will still be visible to other users (and to the public, depending on the permissions associated with that content), including but not limited to learning objects, forum posts, comments, events, and job postings. In addition, the Administrators will still have access to the data, which will continue to be stored in the Drupal/CiviCRM system until a request is made to delete it, as per section 5.2 of the Terms and Conditions of Use (see above).
7.1 Safety and Disclaimer
All the Content on the GCTLC is provided on an "as is" basis without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability or fitness for a particular purpose. The Administrators do not warrant, and hereby disclaim any warranties, either express or implied, with respect to the accuracy, adequacy, or completeness of any good, service, or information provided on or obtained from the GCTLC. This includes all learning objects within the GCTLC library, including (but not limited to) laboratory experiments, in-class activities, lecture slides, and course syllabi. Use of and reference to any Content on the GCTLC is therefore at the risk of the user, and users accept said risk when using the Content for educational or other purposes. As per sections 7 and 8 , the Administrators will be held harmless from all liability and indemnification related to use of the GCTLC by all users. In addition, resources on the platform are intended for users with a basic cognitive capability in the sciences and specifically in chemistry, due to the complex nature of certain concepts, procedures, and safety considerations. Furthermore, the Administrators cannot and do not warrant that the GCTLC will operate in an uninterrupted or error-free manner, nor that the GCTLC is free of viruses or other harmful components. The Administrators also cannot guarantee that the GCTLC will be free from misinformation or scientifically unsound material or content. Use of GCTLC platform is therefore at the user’s own risk.
The Content on the GCTLC may include laboratory experiments or other activities that deal with the handling of various chemicals, many of which are or may be hazardous. Waste disposal is, therefore, a major topic of concern, and all users are expected to conform to their local, municipal, regional (state or provincial), district and/or federal regulations surrounding the safe use and disposal of chemicals and chemical waste (including but not limited to contaminated and/or hazardous waste). The Administrators are not responsible for the safe disposal of chemical products or waste from laboratories, experiments, or other activities that deal with the handling of various chemicals and cannot be held responsible or liable for the accuracy of chemical waste disposal information on the GCTLC. Use of said resources is at the user’s own risk and it is the responsibility of the user to ensure the proper handling and disposal of chemical waste within their laboratory or teaching setting.
All users of the GCTLC agree that the GCTLC and the Administrators shall have no liability for any consequential, indirect, punitive, special, or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to use of the GCLTC platform or any of the Content that a user may access through the GCTLC platform.
Finally, the statements, views and opinions of users of the GCTLC are theirs alone, and do not reflect the stances or policies of the Administrators or Skvare, LLC, nor their sponsors. Posting of Content on the GCTLC also does not imply the endorsement of the Administrators, Skvare, LLC, or their sponsors.
7.2 Choice of Law/Forum Selection/Attorney Fees
All users of the GCTLC agree that any dispute arising out of or relating to the GCTLC, whether based in contract, tort, statutory or other law, will be governed by federal law and by the laws of the State of Massachusetts, excluding its conflicts of law provisions. All users of the GCTLC further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in the State of Massachusetts as the exclusive legal forums for any such dispute.
7.3 Code of Conduct
The GCTLC Code of Conduct is a separate document that was prepared by Beyond Benign, Inc. in partnership with the GCTLC Leadership Committee—a group of individuals from across the education continuum (including K-12 and higher education teachers and educators), industry stakeholders, and information management experts. The GCTLC Code of Conduct provides guidance on acceptable as well as prohibited behaviors on the GCTLC and the potential consequences of prohibited behaviors by users on the platform, including (but not limited to) temporary or permanent banning of users, removal of problematic content, and blocking or deletion of user accounts. All users wishing to register on the GCTLC must accept both the GCTLC Code of Conduct document and these Terms and Conditions of Use before their account can be created and they can fully access the GCTLC. For more information on the GCTLC Code of Conduct, please consult the document separately through the link here.
7.4 Copyright and Ownership
7.4.1 General Information
The GCTLC is a platform with community-contributed Content, including user-generated Content. Copyrighted material should be contributed to the GCTLC via link or references to such content, but not copied without permission. Contributions must comply with all copyright laws and applicable regulations at all levels (including but not limited to, municipal, state/provincial/territorial, federal, and international levels). Any Content suspected or found to be in violation of any copyright laws and/or regulations may be removed by the Administrators at their discretion without prior notice to the contributing user. Users also cannot pass off or claim information as their own that is the property or original work of someone else (whether copyrighted or not), i.e., users must cite their sources and refrain from plagiarism. Any users found in violation of these rules, laws, and/or regulations at any level will be subject to the appropriate consequential action, including but not limited to removal of said content from the GCTLC, temporary deactivation of a user account for a set period of time, and/or permanent deactivation or deletion of a user account. In certain cases, legal action may be required, and users accept that, as per sections 7 and 8 of these Terms and Conditions of Use, the Administrators and Skvare, LLC will be held harmless from all liability and indemnification related to user-contributed content to the GCTLC platform. It is the responsibility of the user to ensure they abide by these Terms and Conditions of Use and all applicable laws and regulations.
Furthermore, users on the GCLTC who submit learning objects to be included in the GCTLC’s library must agree to the GCTLC Publishing Agreement prior to submission. The GCTLC Publishing Agreement is a separate document that outlines information around the submission and review of learning objects, including but not limited to ownership of content in learning objects (see also section 7.4.2 below), types of content that can or cannot be included in the GCTLC library, licensing of open-access content, and the peer review process. For more information, please consult the GCTLC Publishing Agreement here.
7.4.2 Who owns the content on the GCTLC?
Any user Content submitted to the GCTLC (including but not limited to forum posts, events, and job postings) remains the property and responsibility of said user. By posting such Content, the user agrees that the GCTLC can make the Content available on the platform for access by other registered users and (in some cases) anonymous visitors. The foregoing does not apply to Learning Objects submitted for inclusion in the GCTLC library. The user remains the owner of the Learning Object(s) and can make it/them available to the GCTLC through a Creative Commons license, as requested and provided for in the Learning Object submission form. If a user(s) does not request a Creative Commons license for their Learning Object when it is submitted to the GCTLC, then if the Learning Object is accepted and published in the GCTLC library the contributing user(s) will forego any right to limit the implied license for their Learning Object and acknowledges and accepts the risk that the content may be reproduced, mixed, adapted or claimed elsewhere by others without proper reference or acknowledgment of ownership to the user. As per sections 7 and 8 of these Terms and Conditions of Use, the Administrators and Skvare, LLC will be held harmless from all liability and any indemnification obligations related to such loss of licensing or protection.
The only exception is in the case where the Content is not owned by the user but the user is contributing said Content to the GCTLC in order to inform the community of important or relevant information of interest. In this case, if the user is not the original owner of the Content, said user must reference or acknowledge the original author, publisher, and/or owner of the Content when they submit it for inclusion on the GCTLC, as per the requirements of the original author, publisher and/or owner (such as through linking of DOIs, citation information, or other means). This applies to all types of Content, including but not limited to learning objects, forum posts, linked journal articles, and blog posts. By contributing Content to the GCTLC that a user doesn’t own, said user is warranting that they are in compliance with all relevant laws, regulations and requirements including the copyright and/or licensing requirements of the Content by the original author(s), publisher(s), and/or owner(s) per section 7.4.1 above. Users are responsible for clearance of all necessary rights and permissions for any Content they post to GCTLC.
In the case of co-authored or co-contributed Content on the GCTLC that is original work by the submitting users, said users co-own said Content (even if only one user submits the Content on behalf of all users) and maintain the licensing rights to said Content as per these Terms and Conditions of Use and any applicable licenses (including Creative Commons licenses).
In the case of learning objects specifically, please refer to the GCTLC Publishing Agreement here and section 7.4.1 above.
7.4.3 Content Provided by the Administrators
Except for user-generated Content on the GCTLC, all text, metadata, user interfaces and visual interfaces (including graphics, photographs, sounds, music, and artwork), trademarks, logos, computer code, and any and all compilations thereof (collectively, “GCTLC Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of GCTLC Content, is owned, controlled, or licensed by or to the Administrators, and is protected by trade dress, copyright, and trademark laws, and is subject to various other intellectual property rights. Except as expressly provided in this agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the GCTLC Content for any purpose, and nothing otherwise stated or implied in the GCTLC platform confers on you any license or right to do so.
“Beyond Benign™” and “Green Chemistry Teaching and Learning Community (GCTLC)” and all other product or service names, slogans, and logos that may be displayed on our site are proprietary marks and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, the look and feel of this site, including but not limited to all custom graphics and button icons, are proprietary to Beyond Benign, Inc. and may not be copied, imitated, or used without our prior written permission.
7.4.4 Content on Linked Third-Party Sites
Content on the GCTLC (including Learning Objects) may link to or from third-party sites that are not under the control of or owned by the Administrators or Skvare LLC. Links from the GCTLC are provided as a reference only, and for convenience and/or for informational purposes; they do not indicate endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted, nor do they imply any endorsement of the third party’s practices or any association with their operators. The Administrators and Skvare LLC have no control over and bear no responsibility for the accuracy, legality, or content of the externally linked sites. Privacy policies and practices for such linked sites may differ from the Terms and Conditions of Use for the GCTLC (and privacy policies contained therein). Contributors are solely responsible for the proper function, spelling and use of said links within their submitted and published LOs, and are urged to read the privacy policies and terms and conditions of such sites before sharing the links in their submitted and published LOs. Contributors agree to present any links in a manner that does not convey the impression that the Administrators and/or Skvare LLC endorse(s), whether expressly or implicitly, any products, services, or opinions provided through said link or website.
7.5 Reporting Issues on the GCTLC
Registered users on the GCLTC can report any violations of the Terms and Conditions of Use and/or of the GCTLC Code of Conduct through the GCTLC’s online reporting form. In the case of copyright infringement, users must fill in the required fields that appear upon selecting “Copyright, Trademark, or Intellectual Property Infringement”. Alternatively, registered users and anonymous visitors to the GCLTC can file a copyright infringement notification with the GCTLC and the Administrators by submitting a take down request that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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. Providing URLs in the body of an email is the best way to help locate content quickly.
- 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.
- 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.
- 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.
Beyond Benign takes all such reports seriously and will use best efforts to address them in a timely manner. If users are unable to submit a report through the online reporting form, they may send written notices to:
Jonathon Moir, PhD
Senior Program Manager, GCTLC
Beyond Benign, Inc.
18 Church Street
P.O. Box 1016
Wilmington, MA 01887
Email: jonathon_moir "at" beyondbenign "dot" org OR admin “at” gctlc “dot” org
You expressly understand and agree that your use of the GCTLC is at your sole risk. The GCTLC, used through or in connection with the Administrators (including Beyond Benign, Inc.), is provided on an “as is” and “as available” basis. The Administrators expressly disclaim all representations, warranties, and conditions of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, title, or any warranty or condition arising by usage of trade, course of dealing, or course of performance. The Administrators make no warranty that (a) the GCTLC will meet your requirements; (b) the GCTLC will be uninterrupted, timely, secure, or error-free; (c) all content and material will be hosted and/or transmitted without interruption or cessation; (d) any products, sites, information, or other material, whether in tangible or intangible form, downloaded or obtained by you through the GCTLC, will meet your expectations or any standard of quality; and (e) any defects in the operation or functionality of the GCTLC or related software will be corrected. Any material, information, or data downloaded, viewed, shared, or otherwise accessed on or through the GCTLC is accessed at your own discretion and risk; you will be solely responsible for any damage to your computer system or loss of data that result from the downloading, viewing, sharing, or otherwise accessing of such material. No advice, representation, or information, whether oral or written, obtained by you either from us or through the GCTLC shall create any warranty not expressly stated in this agreement.
7.7 Limitation of Liability
You expressly understand and agree that the Administrators will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profits, goodwill, or business reputation; any loss of data; any physical injury (including injury resulting in coma or death), any cost of procurement of substitute goods or services; or any other intangible losses. This also includes any loss or damages that may be incurred by you as a result of (a) any changes that we may make to the GCTLC; (b) any permanent or temporary cessation of the GCTLC or corruption of, or failure to store, any content or data (including without limitation user Content, educational material, and metadata) maintained through the GCTLC; or (d) your failure to keep your password or registered user account details secure. The limitations and exclusions of liability above shall apply irrespective of the theory of liability, including contract (including fundamental breach), warranty, product liability, strict liability, tort (including negligence), or other theory, even if the Administrators (or their affiliates) have been advised of the possibility of such damages.
You specifically acknowledge that the Administrators shall not be liable for user Content, educational material, and/or metadata, or for the infringing, defamatory, offensive, or illegal conduct of any user or third party, and that the risk of harm or damage from the foregoing rests entirely with you. Please refer to section 7.4.4 above for more information on linked content to third-party sites or sources.
7.8 Exclusions and Limitations
Some jurisdictions do not permit the exclusion of certain warranties or conditions or the limitation or exclusion of liability for certain damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and, in such instances, the liability of the Administrators and their affiliates will be limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold the Administrators and their affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) we may incur in connection with any claim arising out of your breach of this Agreement or your use of the GCTLC. The Administrators and their affiliates reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9 General Terms
9.1 Entire Agreement
These Terms and Conditions of Use contain the entire agreement between you and the Administrators regarding your use of the GCTLC, and supersede any prior agreement between you and the Administrators. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms and Conditions of Use. You may also be subject to additional terms and conditions that may apply when you use or purchase other goods or services from the Administrators, their affiliates, or their parent or subsidiary entities.
9.2 Governing Law
The laws and courts of the Commonwealth of Massachusetts govern this Agreement – as well as any claim, cause of action, or dispute that might arise between us concerning the GCTLC, content appearing thereon, or any other matter – without regard to conflict of law provisions.
9.3 Severability of Terms; Non-waiver of Terms; Assignment
If any portion(s) of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision(s) shall be stricken and the remainder of the Terms and Conditions of Use enforced as written. If the Administrators do not exercise or enforce any legal right or remedy, including those contained in these Terms and Conditions of Use or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of the Administrators’ rights. The Administrators may assign or delegate all rights and obligations under these Terms and Conditions of Use, fully or partially.
The Administrators may provide you with notices, including those regarding changes to these Terms and Conditions of Use, by email, by regular mail, or by postings to the GCTLC. If you have general questions or concerns regarding these Terms and Conditions of Use, please contact admin “at” gctlc “dot” org for fastest processing. Please include the phrase “Terms and Conditions of Use” in the subject line and in the body of your message.