TERMS AND CONDITIONS
Last Modified: February 2016
In consideration for permitting you access to our website and online services and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of the website (the "Website") of Converselink Ltd., ("we", "us" or "our") and our online software as a service platform (the "Service") hosted at http://www.converselink.com and related domains and sub-domains. Converselink Ltd. is a corporation formed pursuant to the laws of Canada.
THERE ARE TERMS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. REVIEW THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE HEREIN, BEFORE USING THE WEBSITE AND SERVICE.
BY USING OUR WEBSITE AND SERVICE, WHETHER OR NOT YOU BECOME A REGISTERED USER, YOU, THE USER (HEREIN "YOU" OR "YOUR"), REPRESENT AND WARRANT THAT:
- YOU ARE OF THE AGE OF MAJORITY; AND
- YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE AND SERVICE AND CONTACT US IMMEDIATELY.
IF YOU ARE USING THE WEBSITE AND/OR SERVICE ON BEHALF OF, OR IN THE EMPLOY OF AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, "YOU" AND "YOUR" WILL ALSO REFER TO THAT ORGANIZATION AS WELL AS TO YOURSELF INDIVIDUALLY.
FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN AGREEMENT WITH CONVERSELINK LTD.
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE WE MAY MODIFY THESE TERMS BY UPDATING THIS PAGE. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND SERVICE AND TERMINATE YOUR ACCOUNT. WE MAY ALSO SEND YOU AN ELECTRONIC NOTICE OF ANY SUCH AMENDMENTS.
About Our Website and Service
We own and operate, in conjunction with our contractors, the Website and related online Service. The Website and Service operate as an e-learning platform primarily providing IT training courses from various instructors around the world.
We permit users to register for two different types of accounts, (1) Student accounts (“Students”) and (2) instructor accounts (“Instructors”). All users of our Service must register for one of the two accounts. As an account holder, you agree to our Acceptable Use Policy, which is incorporated by reference herein and available at https://www.converselink.com/pages/acceptable-use-policy.
In order to become an Instructor and be granted an Instructor account, you must follow the application procedures on our Website and Service or as directed by us. Upon receipt of your application we will review your qualifications and make a determination as to whether you will be permitted to (1) hold or continue to hold an account; and (2) offer courses on the Website and Service. We reserve the right to grant or deny such applications in our sole discretion or grant such applications on the condition that an Instructor only be permitted to offer certain courses.
In addition to these Terms, all Instructors must agree to the terms of a Course Instructor Agreement. The Course Instructor Agreement addresses, among other things, our fees and the ownership of intellectual property in the underlying course content.
To establish an account, you are required to provide your full legal name, the full legal name of your business or the business you represent, the address of the business, a valid email address and any other information reasonably requested by the Service.
Account Security. Upon setting up an account you will be required to create a password. You are responsible for safeguarding the password you use to access the Website and Service and you agree not to disclose your password to any third party. You agree you are responsible for any activity on your account, whether or not you authorized that activity. You agree to immediately notify us of any unauthorized use of your account.
Account Non-Transferable. Access to your account is not transferrable and is only intended for the individual or entity that established the account.
Grant of License. Upon establishing a user account with us, we hereby grant you a worldwide, non-transferable, non-exclusive license to access the Service in accordance with these Terms, but reserve the right to revoke said license and your access to our Website and Service without cause or justification.
Instructor Account Holders
Instructor account holders will be able to create new courses and upload course content to our Website and Service. Instructors will also be able to interact with students online.
If you are an Instructor, you, represent and warrant that you have the lawful authority to post course content and that you own (or are otherwise permitted to use) all underlying content, copyright, trademarks, images and related intellectual property. You further represent and warrant that, using our Website and Service, uploading content and interacting with Students and other users, you are (and will continue) to comply with all applicable laws, rules and regulations that may apply to you.
Student Account Holders
As a Student account holder, you agree to pay all fees associated with your account, including course fees. You agree that any and all course content is owned by the applicable Instructor or course content creator and that you will not use such content contrary to their ownership rights.
Additional terms, including but not limited to fees, deposit amounts and payments may be specified on the Website and Service. Those terms, as amended from time to time, are hereby incorporated by reference and form part of this agreement and part of any booking.
We use a third-party payment processor to process payments from (and to) you. The payment processor may have their own terms and conditions and privacy policies, which apply to your payment transactions. Although the third-party payment processor’s electronic forms to provide the Instructor’s payment details may be hosted on our Website or Service, we accept no responsibility or liability for their collection and storage of your payment details or personal information.
Prices Are An Invitation to Treat
Prices listed on the Website and Service are listed by the relevant Instructor and sometime in conjunction with us. All prices on the Website and Service are subject to change without notice.
Such prices shall be deemed to be an invitation to make an offer and are subject to acceptance by us and the course Instructor. Even in the event of an automated acceptance by the Service, course Instructors are granted the opportunity to review and accept new Student requests.
If any information or terms posted to the Website or Service concerning price, refunds or cancellations are posted in error, we, and each Instructor, reserve the right to amend those terms. Misprints, errors, omissions (including incorrect course specifications) or other errors may sometimes occur. It is each Instructors responsibility to ensure the accuracy of course information.
We do not warrant that the content of the Website or Service including, without limitation, course descriptions or course content, images, reviews or other user (including Students and Instructors) content are accurate or complete. As a result, we, and any third party Instructor, reserve the right to:
- Delete any listing;
- Correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;
- Change, at any time, the course information or features, the prices, fees, taxes, charges and specifications, any promotional offers and any other content without any notice or liability to you or any other person; and
- Reject, correct, cancel or terminate any course order, including accepted orders for any reason.
If you are a course Instructor, you agree that you are responsible for charging, collecting and remitting your own income, sales and all other taxes applicable to any transactions or sales made through the Website and Service.
If you are a Student, or other user, you agree to pay any and all sales taxes, whether Canadian or foreign, applicable to these Terms or arising in any way from your account and access to and use of the Website and Service or purchase of products or services from us or Instructors.
Proprietary Rights Notices
Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by Instructors, third parties and us. You are not permitted to copy, electronically scrape or distribute any content (including but not limited to text, images, videos, audio or any course content) on the Website or Service without express consent of the owner.
All other contents of the Website and Service, including but not limited to computer code, is the property of Converselink Ltd. and/or our independent content providers and licensors, with all rights reserved.
Your Content Is Your Content
If you are an Instructor, we do not review or pre-screen the contents of electronic data uploaded or posted to the Service by you or other users (“User Content”). We claim no intellectual property ownership rights with respect to your User Content. However, you hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Service in order to facilitate the ordinary use of the Service. This license ends when you delete your User Content from the Service.
In addition to our Acceptable Use Policy, you agree not to use the Service in any manner which may infringe copyright or intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the Terms of this agreement.
Property and Feedback
Aside from User Content, all right, title and interest in and to the Website, Service and their contents or components are and will remain the exclusive property of Converselink Ltd. and our licensors, including all Intellectual Property Rights (as defined below), even if we incorporate any of your Feedback (as defined below) into subsequent versions.
The Website, Service and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Service or their contents, including course content. You may not copy or modify the code used on the Website or Service.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to us, in any form, shall become our sole and exclusive property. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein.
At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Website, Service or their contents or in any of our Intellectual Property Rights on account of these Terms or your performance under these Terms.
If you believe that your copyrighted work has been copied and used on our Website or Service in a way that constitutes copyright infringement, please notify our copyright agent at email@example.com.
While we take no responsibility for any user or third party who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf, remove the content and/or cancel the infringer’s account.
We reserve the right to provide your content and information uploaded to our Service to third parties if required by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.
If we are required by law to make any disclosure of your content or information (including personal information) we may (but are not obligated to) provide you with notice (to the extent permitted by law) prior to such disclosure so that you may take appropriate action.
Whether or not affiliated with sites that may be linked to our site, we are not responsible for their content (the "Linked Sites"). You access the Linked Sites at your own risk. We and course Instructors may also provide links and references to material on other websites not owned or operated by us. Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
ACCEPTANCE OF RISK
EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.
LIMITATION ON LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY (TORT, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE) AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US OVER THE PRECEEDING TWO (2) MONTHS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
IF YOU ARE A STUDENT, YOU AGREE TO INDEMNIFY US, AND HOLD US HARMLESS, FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS OR PROCEEDINGS BROUGHT AGAINST US BY ANY INSTRUCTOR OR OTHER THIRD PARTY, ARISING OR IN ANY WAY RELATED TO YOUR USE OR MISUSE OF THE WEBSITE AND/OR SERVICE. THIS INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, THE REASONABLE COST OF DEFENDING ANY LEGAL PROCEEDINGS AND ANY DAMAGES PAYABLE, WHETHER BY SETTLEMENT OR JUDGMENT.
IF YOU ARE AN INSTRUCTOR, YOU AGREE TO INDEMNIFY US, AND HOLD US HARMLESS, FOR ANY AND ALL CLAIMS BROUGHT AGAINST US BY YOUR STUDENTS OR ANY OTHER THIRD PARTY, ARISING OR IN ANY WAY RELATED TO YOUR USE OR MISUSE OF OUR WEBSITE AND/OR SERVICE. THIS INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, THE REASONABLE COST OF DEFENDING ANY LEGAL PROCEEDINGS AND ANY DAMAGES PAYABLE WHETHER BY SETTLEMENT OR JUDGMENT.
YOU AGREE THAT WE SHALL HAVE SOLE CONTROL OF THE DEFENCE TO ANY LEGAL PROCEEDING COMMENCED UNDER THE ABOVE PROVISION. HOWEVER, YOU SHALL NOT BE OBLIGATED TO INDEMNIFY US UNDER ANY SETTLEMENT MADE WITHOUT YOUR CONSENT, UNLESS YOU HAVE FAILED TO PAY THE ONGOING EXPENSES ASSOCIATED WITH DEFENDING THE PROCEEDINGS ON A MONTHLY BASIS.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
BY UTILIZING THE WEBSITE AND SERVICE, ALL USERS (INCLUDING STUDENTS AND INSTRUCTORS AND ANY OTHER THIRD PARTY) ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR CLAIMS BASED ON, INVASION OF PRIVACY, REASONABLE ATTORNEYS' FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE WEBSITE OR SERVICE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM.
Law of the Contract & Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada without giving effect to any principles of conflicts of law. You agree that any action, application or dispute at law or in equity arising out of or relating to the Terms or any document incorporated by reference, will be filed only in the provincial or federal courts located in Toronto, Ontario, Canada and you hereby consent and submit and attorn to the jurisdiction of such courts for the purposes of litigating or resolving any such action.
If any provision of these Terms are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by a duly authorized representative of Converselink Ltd.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you agree to hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation By Reference
We make no representation and cannot guarantee the continued and ongoing availability of our Website or Service. Where practical to do so, we will take reasonable measures to inform you if our Website or Service are being discontinued.
We cannot guarantee your data, including course information, documents etc. will be exportable or downloadable form the Service upon termination and as such, you should keep a backup of your data and information including, for example, course materials and submissions (if any).
Though we would much rather you stay, you can stop using our Service at any time. We reserve the right to suspend your account or access to our Website or Service at any time, with or without cause, and with or without notice.
Your suspension or termination of your access to our Website or Service shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, indemnification, settling disputes (including the jurisdiction and choice of law) and the interpretation of these Terms, shall remain binding.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm, and therefore you agree that we will be entitled to seek extraordinary relief, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
No Agency etc.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Unless otherwise indicated, Instructors listed on the Website and Service are not employees of Converselink Ltd. and serve as independent contractors or providers, further to the Course Instructor Agreement.
In the course of using your account with us, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third party service providers, including but not limited to, payment processors, credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
- Our collection of your personal information;
- How that personal information may be used; and
- When and to whom that personal information may be disclosed.
Collection of Personal Information
To establish an account with us, we may collect, and in some cases you will be required to provide your personal information including, but not limited to, your:
- Full Name;
- Professional bio (including a list of accreditations, qualifications and education);
- Years of experience in your subject of expertise;
- Personal interests;
- Contact information, including home and business address, email, phone and fax number;
- IP address and location data (to provide a more tailored Website and Service offering to you);
- Credit information;
- Website statistics and analytics data regarding your use of the site;
- Other types of raw data relating to how you interact with the Website and Service including, for example, your browser information and session duration;
- Profile photos and logos (where you elect to upload them); and
- Banking, payment and credit card information. Although we collect credit card information on our Website and Service, it is stored by a third party payment provider.
The Use of Personal Information
The collection of your personal information may be used to:
- Carry out and faciliate the ordinary usage of the Website and Service;
- Promote our website and service offerings to you, including via email, phone or mail;
- Send informational and promotional materials from us, our partners or third parties to you;
- Support and improve the Website and Service we offer;
- Provide customer support;
- Conduct credit checks;
- Communicate with you about your account and access to our Website and Service;
- Consider an application to become an Instructor or Student;
- Consider you as a candidate on a job application;
- Bill and collect money owed to us, including providing your information to debt collectors and collection agencies;
- Pay monies owed to you;
- Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;
- Meet legal requirements;
- Provide information to representatives and advisors, including professional advisors;
- Enforce compliance with any terms and conditions and applicable law.
- Enhance our Service offerings to you and offer you related products and services, whether by advertisements or otherwise.
Storage of your Personal Information
To enhance the efficiency and cost-effectiveness of our business, we use a variety of technology, including email applications, mobile devices, computers and third party cloud based platforms, to store documents, information (including your personal information) communicate with you and operate the Website and Service.
Where personal information is stored by third party cloud-based providers the servers are not always located within Canada. This may make your data and personal information the subject of foreign laws and foreign legal proceedings. You consent to our and our contractors’ use of these electronic services and technologies to store your personal information and other data and to communicate with you and others and carry out other necessary tasks related to the Website and Service.
You agree that, unless arising as a result of our gross negligence, and to the extent permitted by law, we shall not be liable to you and are not responsible for any security breaches or theft of your personal information that may occur as a result of the use of electronic communications, cloud-based storage platforms and other technology.
The Disclosure of Your Personal Information and Access to It
We may share your personal information with our employees and Instructors or other users and Students who need to use that information in connection with one or more of the purposes for which that personal information was collected.
We also operate the Websites and Service in conjunction with our independent contractors. Our independent contractors may have access to your personal information in providing you with access to the Website and Service and in the course of the ordinary operation of the Website and Service. We may use a variety of service providers in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws, foreign governments or agencies and foreign legal proceedings.
We may also access and/or disclose your personal information if required or permitted to do so by law (for example, in order to comply with a legal requirement including but not limited to one imposed by a warrant, subpoena, court order or like instrument served on us or in urgent circumstances to protect the life, health or security of any person).
We may also disclose your personal information to our successors (if our company or the Service is acquired by another legal entity), or any assignee of our assets relating to the Website and Service.
WHILE WE TAKE MEASURES TO PROTECT YOUR PERSONAL INFORMATION, YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, WE, OUR SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, DIRECTORS AND INDEPENDENT CONTRACTORS SHALL NOT BE LIABLE FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF.
Retention of Your Personal Information
We keep your personal information only for as long as it is required in accordance with the purpose for which it was collected. Consequently, there is no single retention period applicable to all instances of personal information collected by us.
When your personal information is no longer required for the purposes for which it was collected, we destroy the personal information in a manner that takes into account the sensitivity of that information. If you wish to have us destroy your personal information in advance, please contact our privacy officer at the email address below.
Our Website and Service may place a "cookie" in the browser files of your computer. By changing the settings in your web browser you can prevent cookies from being used, but doing so may interfere with the proper use of the Website and Service.
ACCEPTABLE USE POLICY
WE ACCEPT NO RESPONSIBILITY FOR YOUR ACTIONS OR THE ACTIONS OF OTHER USERS OF THE WEBSITE AND SERVICE (WHETHER ONLINE OR OFFLINE).
You agree to use our Website and Service in accordance with the following acceptable use and code of conduct guidelines. In particular, you agree that you:
- Will not upload, copy, distribute, share, sell, create derivative works of, or otherwise alter or use any content, in whole or in part, for any purpose whatsoever except as expressly authorized in this acceptable use policy and the Terms;
- Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive, that would violate another person's rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate or unlawful;
- Will not exploit the images of children or disclose personally identifiable information belonging to others;
- Will not upload, copy, distribute, share, or otherwise use unsolicited or unauthorized advertising, promotional materials, or any junk mail, spam or any other form of solicitation;
- Will not upload, copy, distribute, share, or otherwise use content that contains or embodies software viruses, bugs or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent.
- Will not disclose your password or transfer your account to any third party, or allow any third party to access your account.
- Will not impersonate any person or entity.
- Will not access the Website and Service by any means other than through the interface provided by us for use in accessing the Website and Service. This includes not using or launching any automated system including, without limitation, any spider, robot (or "bot"), scraper, or offline reader, that accesses the Service in a way that sends more request messages to our servers in a given time period than a human reasonably can produce in the same time period.
- Will not interfere with or disrupt the Website, Service or servers or networks connected thereto, make the Service available over a network (other than our network) where it could be used by others, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Will not use the Website or Service to artificially generate traffic or page links to a Website or for any other purpose not intended.
- Will not collect, harvest or store any personally identifiable information, including user account information, from us.
- Will not use the Website or Service in a way that has any unlawful or fraudulent purpose or effect;
- Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Service, in whole or in part.
- Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Service.
- Will not rent, lease, sublicense, transfer, sell, trade, resell or exploit for any commercial purposes any portion of the Website or Service (including, without limitation, your account information), use of the Service or access to the Service.
- Will not use the Service to harass or "stalk" anyone.
- Will not use your account for your own commercial purposes, except those expressly agreed to by us, by sublicensing any rights granted by the Terms or, in any way, sharing the benefit of your account with others. That is, your account is non-transferrable and may only be used by you.
- Will not upload content that exploits anyone in a sexual or violent manner or that solicits personally identifiable information from anyone under the age of 18.
- Will not use the Website or Service in any way that violates the Terms, or that aids, encourages, or purports to authorize anyone else to violate the terms of this policy.
- Will not employ misleading e-mail addresses or falsify information in any part of any communication;
- Will not upload, transmit, disseminate, post, store or post links to any content that:
- If you are an Instructor, encourages a user to take or purchase a course directly from you, or another provider, without using our Website or Service to facilitate same and collect payment for same;
- facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
- interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack, or any other means resulting in a crash of a host either deliberately or by negligence;
- infringes on, or contributes to any infringement of, any intellectual property, material protected by copyright, trade mark, patent, trade secret or proprietary right of any party;
- Will not use threats or implications thereof.
We reserve the right in our sole discretion to revise this policy, which shall be posted on the Website and/or Service.