Last updated: July 22, 2021
Please read these Terms of Service carefully. These Terms of Service are a legally binding contract between you and 1869660 Ontario Inc. (“we”, “our” or “us”). These Terms of Service govern your access and use of our online instructor and course listing board located at https://www.altminster.com (the “Site”) and all associated services provided through the Site or otherwise described in these Terms of Service (collectively, the “Services”). The Site and the Services are collectively referred to as the “Instructor Board”.
By accessing or using the Instructor Board you agree to be bound by these Terms of Service. If you disagree with any of these Terms of Service you must not access or use the Instructor Board.
Please note that:
- All of the information users post to the Instructor Board will be publicly available.
- The Instructor Board is a passive conduit for the publication of Instructor Postings or Responses (as defined below), and we are not responsible for the contents or accuracy of Instructor Postings or Responses. We do not endorse any content that appears on the Instructor Board. We do not verify the identity, authority or capabilities of any user.
- Your reliance on any content, Instructor Posting or Response is at your own risk.
- You are responsible for your decision to communicate with, or make or accept any offer of employment or other engagement with, any person via the Instructor Board.
- You are responsible for conducting any background checks or other screening in connection with any such employment or engagement.
- You are responsible for any contracts you enter as a result of your communications with any other user of the Instructor Board. We are not a party to those arrangements.
- Although we do not screen content posted on the Instructor Board or users of the Instructor Board, we reserve the right to remove any content and/or terminate any user’s access to the Instructor Board in our sole discretion.
If you are entering into these Terms of Service on behalf of an organization, you represent that you have the authority to bind such organization to these Terms of Service, in which case “you” or “your” will refer to such organization.
Please read our Privacy Statement available at https://altminster.com/privacy-policy, which describes how we collect, uses, and discloses personal information. You must be 18 years of age or the age of majority as defined in your jurisdiction, in order to use the Instructor Board.
We may update these Terms of Service at any time, without notice to you, and you should review these Terms of Service from time to time by accessing the Site. Your continued use of the Instructor Board will be deemed acceptance of any such revisions. Before you continue, you should print and/or save a local copy of these Terms of Service for your records.
1. Instructor Board Users
1.1 The Instructor Board enables users that are searching for teaching opportunities (“Instructors”) to post and make available information about their interest and capabilities, with a view to receiving communications from Students.
2. User Registration
2.1 All Instructors who wish to use the Instructor Board must provide information in connection with the Instructor Board (such as your name, contact information, skills and credentials or available opportunity). These will form your “Profile Information”. You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information.
3. Submission of Your Content
3.1 The Instructor Board enables you to provide or upload content to the Instructor Board which is accessible to other users, including but not limited to messages, text, images, graphics, Instructor Postings, Responses, and other information or content (collectively, “Your Content”). You are solely responsible for all Your Content you submit, provide or upload and the consequences for submitting, providing or uploading it.
3.2 By uploading or otherwise providing any of Your Content on or through the Instructor Board, you grant to us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, modify, publish, communicate and make available to the public, and display all or any portion of such Your Content in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format Your Content in order to provide the Services.
3.3 You represent and warrant that you (a) own Your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth above and for us to make use of Your Content consistent with these Terms of Service; (b) that the provision of Your Content to us and our use thereof will not violate the intellectual property rights or other rights of any third party; and (c) that Your Content is accurate, complete and not misleading, and that you will update it to ensure it continues to be accurate, complete and not misleading.
3.4 We are not responsible for maintaining or storing any of Your Content, including any information in regard to Instructor Postings, and that you are responsible for your own compliance with any applicable record retention requirements.
4. Monitoring; Acceptable Use and Conduct
4.1 Although we have no obligation to review any content, Instructor Postings and Responses, to the extent that we become or are made aware of any content, Instructor Posting or Response that may or does (i) violate the terms of these Terms of Service or any other agreement you may have with us; (ii) violate any applicable laws; (iii) violate the rights of third parties; or (iv) create liability for us or otherwise negatively impact us, we may suspend or terminate any Account or any other user’s access to the Instructor Board.
4.2 You agree that you will not or permit any third party to, directly or indirectly, use the Instructor Board in a manner that (including by publishing or making available Your Content):
(a) infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
(b) introduces software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
(d) is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any third party, or is invasive of another’s privacy;
(e) is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by us;
(f) impersonates one of our employees, or any other person, or falsely states or otherwise misrepresents your affiliation with any third party, or to obtain access to the Instructor Board or a portion thereof without proper authorization;
(g) interferes or attempts to interfere with the proper working of the Instructor Board or prevents others from using the Instructor Board, or that otherwise negatively affects other persons’ ability to use the Instructor Board;
(h) uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Instructor Board or the content contained therein;
(i) includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Your Content transmitted through the Instructor Board to users;
(j) constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests or constitutes spamming;
(k) collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
(l) posts adult or pornographic content;
(m) decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services;
(n) copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivative works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Instructor Board;
(o) accesses the Instructor Board for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Instructor Board;
or (p) accesses the Instructor Board for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
5. Intellectual Property Rights
5.1 All material available on the Instructor Board and all material and Services provided by or through us, our affiliated institutes, and their respective employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
5.2 Subject to your compliance with all of the terms and conditions of these Terms of Service, during the term of these Terms of Service, you may access and view the Materials that we make available to you on the Instructor Board, on a non-transferable, non-exclusive, and revocable basis, solely as such Materials are made available to you. You are not permitted to download, copy or otherwise store any Materials.
5.3 If we, in our sole discretion and without notice, consider that there is an immediate security or operational risk to the Instructor Board or any of our, your or third party systems, then we may immediately suspend access to or use of the Instructor Board or any part thereof. We have no liability to you for suspending the Site and/or Services under this provision or otherwise.
5.4 This Section 5 does not apply to Your Content.
6. Disclaimer of Warranties
6.1 Your use of the Instructor Board and all content forming part of or related to the Instructor Board are at your sole responsibility and risk. The Instructor Board is provided on an “as is” and “as available” basis. We expressly disclaim all representations, warranties, and conditions of any kind with respect to the Instructor Board, whether express or implied, including, but not limited to, any implied warranties, conditions, or any other implied terms, including of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance, system integration, quiet enjoyment, title, non-infringement or the results you may obtain by using the Instructor Board.
6.2 We make no representations or warranties of any kind regarding: (a) the validity, accuracy, reliability, quality, or completeness of any information provided on or through the Instructor Board; or (b) content, Responses, Instructor Postings or any other third party products or services offered or displayed on the Instructor Board. We disclaim any liability or responsibility for any unauthorized use of Your Content by users of the Instructor Board, or other third parties and are not responsible for protecting Your Content.
6.3 We disclaim any warranty, condition, or other term that the Instructor Board or any content, including without limitation any third party software and content, will meet your requirements or will be secure or error-free, or that the systems used to provide the Instructor Board are free of viruses or other harmful components. You agree that from time to time we may cease providing the Instructor Board for indefinite periods of time without notice to you. Your access and use of the Instructor Board may be interrupted from time to time for any reason.
7. Limitation of Liability
7.1 You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract, or tort, will we or our institutes, or their respective officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, intangible losses (even if we have been advised of the possibility of such damages), arising from or relating to these Terms of Service or your use of (or your inability to use) the Instructor Board, or for any damages arising from or related to the Instructor Board. Our maximum aggregate liability from all claims under or related to these Terms of Service or the Instructor Board is limited to fifty Canadian dollars (CAD $50). To the extent any applicable law does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, we will not be liable to you or any third party acting on your behalf in any way with respect to your provision of an individual’s personal information to us. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.
7.2 You agree that we will not be responsible or liable for any loss or damage of any kind incurred by Students, Instructors, other users of the Instructor Board, or any third party in connection with or relating to the Instructor Postings or other products or services provided or offered by users, including without limitation any loss or damage which may result from any agreement, employment or otherwise between Students, Instructors, or any other user of the Instructor Board.
8. Indemnity
You agree to indemnify, defend and hold harmless us and our institutes, and their respective officers, directors, affiliates, contractors, employees or agents (together, the “Indemnified Parties”), from and against any all expenses, claims, demands, losses, damages, costs, or liability (including, reasonable lawyer’s fees) incurred by or made against the Indemnified Parties in connection with any third party-claims arising out of or relating to: (a) your use, non-use or misuse of, the Instructor Board or any of Your Content, including your Profile Information and any third party Your Content forming; (b) your violation or alleged violation of these Terms of Service; or (c) your violation of any rights, including intellectual property rights, of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such Claims upon becoming aware of it. We hold the benefit of the other Indemnified Parties under this indemnity in trust for such persons.
9. Termination
9.1 We may at any time, and without cost, charge or liability, terminate these Terms of Service or cease providing the Instructor Board (or any part of the Instructor Board) at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of these Terms of Service. We may modify, suspend or discontinue the Instructor Board, or any portion thereof, at any time and for any reason, with or without notice.
10. Miscellaneous
10.1 These Terms of Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles, and you irrevocably consent to submit to the exclusive jurisdiction of the courts in Hamilton, Ontario for any claim, proceeding or action under these Terms of Service against us. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms of Service are specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.
10.2 If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable will be stricken from these Terms of Service.
10.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
10.4 Those provisions of these Terms of Service that by their terms survive, or by their nature are intended to survive the termination of these Terms of Service, will survive any termination of these Terms of Service and remain in full force and effect.
10.5 These Terms of Service are the entire agreement between you and us related to the Instructor Board, and replace any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
11. Contacting us
You may contact us by email at [email protected].