Canadian Consortium of Excellence in University Biology Community

CANADIAN CONSORTIUM OF EXCELLENCE IN UNIVERSITY BIOLOGY (“CCEUB”) WEB SITE TERMS OF USE

1. Description of CCEUB and Website

The Canadian Consortium of Excellence in University Biology (“CCEUB”) is a community-based organization that works to enhance education in the field of biology through the communication of research findings and novel teaching practices. This web site located at www.CCEUB.ca (the “Website”) is designed to support the aims and objectives of CCEUB and, as such, is comprised of four main components: (a) a section of the Website (the “Submissions Section”) where members may submit contributions (such as research papers, reviews or articles, or teaching resources, all as more specifically described in the Submissions Section) for peer review and/or publication on the Website, in accordance with the process described in the Submissions Section; (b) a searchable, web-based repository of peer-reviewed and accepted Contributions (the “Library”); (c) a discussion forum comprised of one or more “chat rooms,” “bulletin boards,” or any other discussion forum (collectively, the “Forum”); and (d) member directory (the “Directory”). Membership in CCEUB is open to all biology professors, lecturers, instructors, lab instructors, and teaching assistants anywhere in the world.

2. Acceptance of Terms

a. Pearson Canada Inc., which is part of the Pearson family of companies (collectively, “Pearson”) operates and maintains the Website. These Terms of Use (“TOU”) govern the use, by a member of CCEUB who has registered for this Website (a “Member” or “you”), of the Website and its contents (including, without limitation, any member contribution stored in the Library, posted in the Forum and/or included in the Directory) (the “Content”). PLEASE CAREFULLY READ THESE TOU. BY INDICATING THAT YOU AGREE TO BE BOUND BY THE TOU, YOU ENTER INTO A LEGALLY BINDING AGREEMENT WITH PEARSON. If you do not agree, you have no right or license to access or use in any way the Website or Content, and you should not do so.

b. Please note that, to register to use the Website, you will also be required to accept the terms of the Pearson End-User License and Privacy Agreement for the Pearson Subscription Management System (the “SMS TOU”), which applies to any Pearson websites and digital products available through the Internet that require end user registration (collectively, “Pearson Websites”). While the SMS TOU will apply to your activities on any Pearson Website (including, but not limited to, this Website), in the event of any conflict between these TOU and the SMS TOU as it relates to your activity on this Website, the more specific terms and conditions will prevail with respect to such conflict.

3. Permission to Use the Website and Content

Subject to your compliance with these TOU and all applicable laws, Pearson hereby grants you a non-exclusive, non-transferable, non-sublicensable, personal, fully revocable license to (a) access, view and use the Website for purposes of posting information in the Forum, submitting any contribution for peer review and/or publication, supplying your personal information for inclusion in the Directory, and/or searching the Library, Forum and/or Directory, and (b) access, view, print or download any Contribution, Posting or Member Details (as each is defined in section 5 of these TOU) stored in the Library, Forum or Directory, as applicable, or any other Content included on the Website, but for your personal non-commercial use only and for purposes that are consistent with the aims and objectives of the CCEUB as described above. You are not licensed to use the Website or any Content for any other purpose (including, but not limited to, any commercial purpose), and nothing in these TOU shall be deemed to grant or transfer to you any right, title or interest in the Website or any Content, except as specifically provided in section 5 of these TOU.

4. Ownership

Unless otherwise indicated, this Website and the Content are the property of Pearson and/or its content providers or licensors (which include, but are not limited to, Members who have submitted Content), and are protected by the laws of Canada and other countries, including, without limitation, their copyright and trademark laws. Your use of the Website or any Content does not transfer to you any ownership or other rights in the Website or Content. Except as expressly permitted in these TOU or under applicable copyright and intellectual property law, you may not copy, modify, reproduce, republish, upload, download, post, transmit, communicate, sell, offer for sale, commercially exploit, translate or redistribute in any way the Website or any Content without the express prior written permission of Pearson. Pearson and/or its content providers or licensors, as applicable, hereby reserve all rights in and to the Website and Content not expressly granted in these TOU.

5. Submissions

a. To the extent that the Website provides Members an opportunity to post and exchange information, ideas and opinions in any part of the Forum (“Postings”), or to submit research papers, teaching resources or other contributions for peer review and/or publication on the Website (“Contribution”), or to provide any contact details or other personal information about a Member for inclusion in the Directory (“Member Details” and, together with Postings and/or Contributions, “Submissions”) BE ADVISED THAT PEARSON HAS NO OBLIGATION TO SCREEN, EDIT, OR REVIEW ANY SUBMISSIONS PRIOR TO THEIR APPEARANCE ON THE WEBSITE, and Submissions do not necessarily reflect the views of Pearson. To the fullest extent permitted by applicable laws, Pearson shall in no event have any responsibility or liability for any Submissions, or for any claims, damages, or losses resulting from their use and/or appearance on the Website. Pearson reserves the right to monitor all Submissions and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.

b. By providing any Submissions, you hereby represent and warrant as follows: (i) that you are the sole owner of the copyright in any Posting or Contribution that you provide (except to the extent third party copyright materials are included, in which case you have secured all necessary rights, permissions, consents and releases required) and that you have all rights in and to all Postings or Contributions you provide, and all material they contain, as are necessary to provide such Submissions to Pearson for use on the Website and to grant all rights as contemplated in these TOU; (ii) that all Member Details you provide are current and accurate and either are your details, or you have been authorized to provide them by the Member to whom they pertain; (iii) that your Submissions shall not infringe any intellectual property or other proprietary rights, or rights of publicity or privacy, or other rights of third parties; (iv) that your Submissions shall not contain any viruses or other contaminating or destructive devices or features; (v) that your Submissions shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and (vi) that your Submissions shall not be used to carry out or solicit any unlawful activity and/or to make commercial solicitations.

c. Subject to the rights granted to Pearson below in this section 5(c), and notwithstanding anything to the contrary in section 4 of these TOU, you own, and will continue to own, the copyright in any Postings you post or submit in the Forum. You hereby authorize and grant a non-exclusive worldwide license to Pearson to include and publish your Postings in the Forum, and otherwise make your Postings available for use by Members as contemplated in these TOU. You shall have no claim or other recourse against Pearson or such other parties for infringement of any intellectual property or other proprietary right in Postings based on their inclusion or publication in the Forum, or use by Members as contemplated in these TOU. You further authorize Pearson to include any Member Details you provide in the Directory, and to make them available as so included, but on a password-protected basis only, and to Members only. The collection, use and disclosure of Member Details by Pearson shall be subject to the Pearson Privacy Policy, which is part of the SMS TOU (see Section 8), and is also separately available (see Pearson Privacy Policy).

d. Subject to the rights granted to Pearson below in this section 5(d), and notwithstanding anything to the contrary in section 4 of these TOU, you own, and will continue to own, the copyright in any Contribution you submit for peer review and/or publication on the Website, provided that you submit your Contribution via the Submission Section and following the process described in the Submission Section, which process is hereby incorporated into these TOU by reference. For more information, see the full description of the process at the Submission Guidelines Section. You hereby authorize and grant a non-exclusive worldwide license to CCEUB Board Members and other Members to use all or any part of your Contribution as contemplated in these TOU, including, but not limited to, having such Contribution peer-reviewed according to the process described in the Submission Section. You further authorize and grant a non-exclusive worldwide license to Pearson to copy, reproduce, republish, upload, download, post, transmit, communicate, adapt and otherwise use all or any part of your Contribution, but only as necessary to: (i) make it available to CCEUB Board Members for purposes of, and otherwise facilitate, having it peer-reviewed according to the process described in the Submission Section; (ii) publish any accepted Contribution on the Website; (iii) include it in the Library; and (iv) make it available for use by Members according to these TOU.

6. Trademark Information

The Pearson logo and other marks and logos associated with the Website and Content (“Pearson Marks”) are trademarks, trade names and service marks owned by Pearson or its licensor(s). You agree not to use any Pearson Marks without the express prior written consent of Pearson and/or the owner of the applicable Pearson Mark. Pearson and/or its licensors hereby reserve all rights in and to the Pearson Marks.

7. Privacy Policy

The collection, use and disclosure of Member Details and other personal information provided by you and/or collected by us during your use of the Website or Content (such Member Details and other personal information, collectively, “Personal Information”) is governed by and subject to the Pearson Privacy Policy, which is part of the SMS TOU (see Section 8), and is also separately available (see Pearson Privacy Policy). The Pearson Privacy Policy is hereby incorporated into, and made part of, these TOU by reference. Only those of our employees and service providers who require it for the purpose of performing their duties will have access to the files containing your Personal Information, which will be kept in our offices or on our servers or those of our service providers. For more information, see our full Privacy Policy. You hereby consent to the collection, use and disclosure of your Personal Information in accordance with the Pearson Privacy Policy and these TOU, and you represent that you have obtained such consent of any individual in relation to whom you have provided Personal Information.

8. Indemnity

You agree to indemnify and hold Pearson harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim, any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by Pearson, directly or indirectly, by reason of any act or omission which you commit in breach of these TOU, and the obligations and warranties contained therein, or your violation of any rights of any third party based on or related to your use of the Website or any Content.

9. Modification and Termination of Services; Amendment of TOU

Pearson reserves the right at any time to modify, suspend or terminate its offering of, and/or your use of or access to, the Website or any Content at any time, with or without notice. Pearson will not be liable to you or any third party for any such modification, suspension or termination. These TOU may be changed by Pearson at any time without notice to you by posting the amended terms on this page, together with a notice on the home page for the Website that these TOU have changed. Pearson may also change any of the terms of the SMS TOU (including, without limitation, any terms of the Pearson Privacy Policy) at any time, and changes will become effective upon posting within the SMS TOU and/or Pearson Privacy Policy, as applicable. Pearson will also post a notice that the applicable terms have changes at the Pearson 24/7 Technical Support site. Your continued use of the Website and/or any Content thereafter will constitute consent to the modified TOU. If you object to any such changes, your sole recourse is to stop using the Website and Content. Any license in any Submission granted under these TOU shall survive the termination of these TOU for any reason. The current version of these TOU will always be available on this page, and you undertake to review these TOU regularly.

10. Warranty Disclaimer

PEARSON MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ANY CONTENT, WHICH ARE PROVIDED FOR USE “AS IS.” PEARSON DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, QUALITY, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE AND CONTENT. PEARSON ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION INCLUDED IN ANY CONTENT OR ACCESSIBLE VIA THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material included in any Content or on this Website or any website with which it is linked.

11. Liability Limitation

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, PEARSON AND ITS EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES, AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING – INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OF CHARACTER – EVEN IF PEARSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED, OR ANY CONTENT. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK-UP AND VIRUS-CHECKING AS YOU CONSIDER NECESSARY.

12. General

These TOU, together with the Pearson Privacy Policy and all other policies referred to herein, constitute the entire agreement between you and Pearson relating to your activities on this Website, and supersedes all prior or contemporaneous written or oral agreements between us with respect to such subject matter. In addition to being a part of the registration form, these TOU, the Pearson Privacy Policy, and the SMS TOU reside on the Website, so that you may reference any of them at any time. These TOU can be found under the “CCEUB Terms of Use” link, at the bottom of the home page for this Website, and also at the right side (in the “tile ads”) on each successive page; the Pearson Privacy Policy and the SMS TOU can be found under the “Privacy Policy” and “License Agreement” links, respectively, at the bottom of each page of the Website., and the Pearson Privacy Policy can also be found under the “CCEUB Privacy Policy” link in the tile ads on the right side of each successive page.

These TOU will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the Province of Ontario, Canada, and waive any jurisdictional, venue or inconvenient forum objections to such courts in any matter arising out of or related to the Website, any Content or these TOU.

If any provision of these TOU is found to be unlawful, unenforceable or void for any reason, then that provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining provisions.

Pearson may assign or delegate its rights or obligations under these TOU.

These TOU and all related documents have been drafted in English at the express wish of the parties. Ces modalités d’utilisation ont été rédigées en anglais à la demande des parties.

13. Questions

If you have any questions or feedback about these TOU, the Website or any Content, feel free to contact us at cceub@pearsoncanada.com or write to:

Pearson Canada Inc.
Higher Education, Biology Acquisitions Editor
26 Prince Andrew Place
Don Mills, ON M3C 2T8
Canada

In addition, if you have any questions or feedback about the SMS TOU or Pearson Privacy Policy, you may contact us as follows:

Online: Pearson 24/7 Technical Support Website
http://247pearsoned.custhelp.com

Mail: Pearson Education
Customer Technical Support
75 Arlington Street, Suite 300
Boston, MA 02116
United States

By clicking on “Continue with Registration” below, you represent that you have read and understood the provision of these TOU and the Pearson Privacy Policy, available at https://register.pearsoncmg.com/w3c/privacy.htm, and agree to be legally bound by them.