LaunchLife International Inc. and its affiliates or assigns (collectively “AOLCC“, “us” or “we“) operate and manage the Website accessible at https://academyoflearning.com/graduates (the “Website“), including all its subdomains, where our graduates (“Graduates“) can upload, publish and share their professional resume (“Profile“) and where employers (“Employers“) can browse the Profiles and eventually get in touch with our Graduates about potential job opportunities. Graduates and Employers can also be hereinafter referred to as “you“, as the case may be.
We reserve the right, at our sole discretion, to update, revise or otherwise modify the terms of this Agreement from time to time, as deemed necessary. These modifications shall come into force 30 days after they are initially posted. When we amend this Agreement, we will make reasonable efforts to provide you with general, not specific, notice of such changes, said notice to be given by any reasonable mean, including by displaying the notice on the Website and/or notifying you through electronic mail/delivery. Your continued use of the Website following such notice shall be deemed to constitute your agreement to the updated Agreement. Nonetheless, you agree and understand that it is up to you to be knowledgeable and to periodically review this Agreement to see if anything has changed. We encourage you to read the Agreement carefully and periodically.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH ANY REVISED AGREEMENT, DO NOT USE THE WEBSITE.
GENERAL TERMS AND PURPOSES
Subject to your compliance with all the conditions of this Agreement and to third-party terms and conditions that may apply when using the Website, AOLCC hereby grants you, and you hereby accept, a free of charge, non-exclusive, non-transferable, revocable licence (“Licence“) to use the Website solely for the purposes of:
- As a Graduate: creating, uploading, publishing and sharing your Profile;
- As an Employer: browsing, reviewing and downloading Profiles with the intent to contact our Graduates about potential job opportunities.
This is a licence to use and access the Website for its intended purposes only and is not a transfer of titles. Even though we have no obligation to offer updates, improvements, modifications, revisions or additions to the Website or to notify you when these modifications are available, the Website, including its features, may be updated, improved and expanded from time to time. We reserve the right to delete or otherwise remove any and all content you upload, including without limitation, your Profile for any reason or no reason.
You agree not to use the Website for any other purpose than intended. You are prohibited from lending, renting, sublicensing, publishing, copying, modifying, adapting, translating, reverse engineering, decompiling or disassembling the Website, in whole or in part, without our prior written authorization, unless expressly authorized by applicable law.
As a Graduate:
You agree and represent to only upload and share content that is original, and that you are the owner thereof, or are duly authorized to upload and share. You also agree to provide only true, accurate, current and complete information about yourself and to update such information as necessary to maintain its truth and accuracy.
When creating your Profile, you may upload a picture of yourself. You can only upload a headshot of yourself (i.e. not a logo, video or a drawing). We recommend that you DO NOT upload personal contact details, such as telephone number, address, or email into your Profile.
You can edit and modify your Profile at any time directly through the Website or by communicating with us.
You understand and agree that Employers can contact you through the Website about potential job opportunities. You agree that we will provide notices and messages to you in the following ways: (i) within the Website and/or through your Profile, or (ii) sent to the contact information you provided us (namely your email).
You understand and agree that your Profile may be visible or searchable by other users of the Website, through the Website itself or through publicly available search engines. We reserve the undisputed right to remove any non-compliant uploaded content at any time, and when feasible, we will inform you of such removal by email to the email address registered in your Profile. For display, conformity, language and/or technical requirements, we may edit your Profile, to which you hereby agree. In such regard, you hereby waive any rights, including any moral rights, you may have in having your Profile altered or changed in a manner not agreeable to you.
As between you and us, you own the content and information that you submit or post on your Profile. In order for us to provide you with the Website and its features, you hereby grant AOLCC a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Website, without any further consent, notice and/or compensation to you or others. You hereby represent that you have the right to grant the licence stated above.
You are solely responsible for all information submitted and/or uploaded via your Profile. You agree and represent that you will not share your Profile or related information such as login information, nor let anyone else use your Profile, or do anything else that might jeopardize the integrity of your Profile. In the event you become aware of or reasonably suspect any breach of integrity or security, including without limitation any loss, theft, or unauthorized use or disclosure of your Profile information, you must immediately notify us. You are solely responsible for maintaining the confidentiality of your Profile access and information. Without limiting the foregoing, at all times you agree to hold harmless AOLCC with respect to any activity made through your Profile or related thereto.
If you decide to close your Profile, which you can do at any time, all your content will be permanently deleted from the Website, subject to our rights and obligations provided herein.
As an Employer:
When contacting a Graduate, you agree and represent that all your communications shall be in compliance with all applicable laws and regulations, including those regarding personal information and the use and sending of commercial electronic messages, including without limitation, any privacy and anti-spam laws.
When using the Website, you understand and agree that we are only acting as a facilitator and that we have no direct or indirect control over the monitoring, supervision, prior approval, accreditation or review of the Profiles and who may browse and use them, and we expressly disclaim any and all liability in connection with your use of the Website and its content, including the Profiles.
AOLCC reserves the right to limit your use of the Website, if you breach this Agreement or the law or are misusing the Website.
You agree not to : (i) engage in any act that would be deemed to be improper, or in conflict with the spirit or intent of the Website; (ii) make inappropriate use of the Website; (iii) use the Website to engage in any form of harassment or other illegal or offensive behaviour, or to upload, post or share any defamatory, discriminatory, offensive, libellous or slanderous statements; (iv) attempt to gain any unauthorized use of the Website, by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify any technology, device, security or software that is part of the Website; (v) disrupt, interfere, overburden, or assist in the disruption of the Website or of our servers, this includes, but is not limited to, any type of attack, virus distribution, or other attempts to disrupt the Website or any other person’s use of the Website; (vi) modify, reverse engineer, reverse assemble, decompile or hack into any software applications or related tools or utilities used by the Website; (vi) develop, support or use software, devices, scripts, robots or any other means or processes or technology to scrape the Website, or otherwise use, disclose, distribute, copy Profiles and other data from the Website and Profiles; (viii) deep-link to the Website for any purpose other than to promote your own Profile; or (ix) otherwise violate any applicable law or regulation, or encourage or enable such violation, including any import and export control laws, false advertising, privacy and personal information protection laws, anti-discrimination laws, intellectual property laws, illegal business solicitation, and restrictions on unsolicited commercial messages. You may not use the Website to solicit any information that might be used for unlawful or illicit purposes, or to carry out or to encourage unlawful or illicit activities.
The Website may not be accessed or used where prohibited by law.
The Website may not be compatible with all devices, operating systems or connection services.
Except as expressly provided herein, material on this Website, including but not limited to text, images, illustrations, software, audio clips, video clips and any other intellectual property rights related to the Website (the “Content“), is owned or otherwise provided by AOLCC, and AOLCC does not make any representation or warranty about such material. Trademarks and logos (collectively, “Marks“) displayed on this Website are registered or unregistered Marks of AOLCC or others, are the property of their respective owners, and may not be used without written permission of AOLCC or of the owner of such Marks respectively. It is therefore forbidden to copy, modify, delete, publish, transmit, create derivative works of, display or post, or in any other way exploit or use the Content without the express authorization of each respective owner. However, you may use any information or material contained on this Website purposely made available by AOLCC for downloading or copying, provided that you:
- Do not modify this information or remove any copyright, trademark and other intellectual or proprietary rights notices;
- Use such information solely for the purposes intended herein and do not post this information on the Internet, any website, any networked computer or broadcast it in any media; and
- Do not make any representations or warranties relating to such information.
By submitting any improvement, modification, request or suggestion regarding the Website, you agree that AOLCC can use and share (but does not have to) such feedback for any purpose without compensation to you.
PRIVACY AND DATA PROTECTION
THIRD PARTY CONTENT AND LINKS TO OTHER WEBSITES
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
AOLCC HAS TAKEN REASONABLE MEASURES TO ENSURE THAT THE INFORMATION CONTAINED WITHIN THIS WEBSITE IS RELIABLE. HOWEVER, AND WITHIN THE EXTENT PERMITTED BY APPLICABLE LAWS, BY USING THIS WEBSITE, YOU ACCEPT THE INFORMATION AND SERVICES PROVIDED HEREIN “AS IS”. AOLCC MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR LEGALITY OF INFORMATION CONTAINED WITHIN THE WEBSITE. AOLCC DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AOLCC may not, under any circumstances, be held responsible for any damage directly or indirectly related to the use and to any decision arising from your use of this Website and/or its content. In no event will AOLCC be liable for an indirect, incidental, special or consequential damages directly or indirectly arising out of or in connection with your use of this Website. The foregoing disclaimers of representations, warranties and limitation of liability shall apply to the fullest extent permitted at law and shall survive any termination of this Agreement or your use of this Website.
You further agrees that in the event this Section or parts of this Section of the Agreement are invalidated, AOLCC’s entire liability (including any third party providers’) for any claim for damages against AOLCC arising out of this Agreement, whether grounded in contract or in tort, shall be limited to liquidated damages in the amount of CAD $1000 and no more.
THESE WARRANTY EXCLUSIONS AND THE LIMITATION OF LIABILITY ARE AN ESSENTIAL CONDITION HERETO. IF YOU DO NOT AGREE TO WARRANTY EXCLUSIONS AND THE LIMITATION OF LIABILITY PROVIDED IN THIS SECTION, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless AOLCC, its parent, subsidiary and affiliated corporations, their officers, directors, shareholders, employees and agents, independent contractors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneys’ fees) arising from your use of and access to the Website and your violation or breach of any third party right, including without limitation any copyright, property, or privacy rights.
MAINTENANCE AND INTERRUPTION
AOLCC reserves the right to interrupt, at any moment, for maintenance purposes or other, including equipment malfunctions, periodic maintenance procedures or repairs, causes beyond the reasonable control of AOLCC or that are reasonably unforeseeable by AOLCC, including, without limitation, force majeure, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures, momentarily, temporarily or definitely, access to the Website or Profiles, in whole or in part, and AOLCC cannot be held liable for any such interruption or unavailability.
JURISDICTION AND APPLICABLE LAW
This Website is controlled and operated by AOLCC and its content is designed to comply with Canadian laws and regulations. The Website and this Agreement shall be governed by the laws of Ontario and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws.
If we do not act to enforce a breach of this Agreement, that does not mean that AOLCC has waived its right to enforce this Agreement.
Without limiting the foregoing, you agree and understand that you are solely responsible for following all applicable laws and regulations in your location as well as all laws and regulations applicable to the Website, and applicable to your use of the Website. At all time, you represent that you will comply with all additional and reasonable terms, guidelines, or policies enacted by us.
If any dispute arises between you and AOLCC regarding this Agreement or your use of this Website, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to the jurisdiction of the courts of Toronto Ontario. AOLCC reserves the right to restrict a user’s access to the Website, in whole or in part, without prior notice. AOLCC shall not be held responsible for any such restriction.
You agree to promptly respond to inquiries from AOLCC and to notify us of any regulatory or legal complaints, or threats of such complaints, that you receive in connection with or in relation the Website. You further agree to assist, at your sole cost and expenses, in taking any appropriate or necessary actions reasonably requested by AOLCC to respond to and/or resolve such complaints.
Language. If this Agreement is translated into any other language, it will be for information purposes only and the English language will prevail in the event of any conflict between the translated version and the English-language version.
Entire Agreement. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all other written or oral agreements. If any provision of this Agreement is held invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remaining provisions of this Agreement. This Agreement is binding upon and inure to the benefit of the parties hereto and to their successors and permitted assigns.
No Assignment. This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Survival. The following Sections shall survive termination of this Agreement: Restriction, Ownership, Disclaimer of Warranties and Limitation of Liability, Indemnification, Jurisdiction and Applicable Law, and Miscellaneous.
Force Majeure. Either party cannot be held responsible towards the other party for any failure or delay in performance caused by circumstances beyond its control, including, without limitation, natural disasters, fires, flooding, pandemics, labour disputes, riots, interventions by civil or military authorities, acts of war, declared or not, terrorism, failures of utilities and public services, failure of telecommunications services and other unpredictable events.
Technical Support, Questions and Complaints. If you require technical assistance or support, or have any questions or complaints regarding this Agreement or the Website, please contact us at [email protected]