Please read the following carefully.
Welcome to the Altruvest Charitable Services website (which includes
www.altruvest.org and www.boardmatch.org (the “Site”), owned and operated
by Altruvest Charitable Services (“We”, “Our”, “Altruvest”,
“BoardMatch” or “Us”) and the following are the Terms of Service
(the “TOS”). These TOS define the terms and conditions that you (“You”,
“Your” or “User”) agree to when You use and/or register with Us to
make use of the Site and the Services. Please read these terms and
conditions carefully before using the Site and the Services. BY CONTINUING
TO USE THE SITE AND THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TOS,
AND ALL RELATED POLICIES AND GUIDELINES OF ALTRUVEST, INCLUDING THE PRIVACY POLICY, AS
INDICATED IN THESE TOS ARE INCORPORATED BY REFERENCE.
Altruvest reserves the exclusive right to revise, change or amend any portion of
these TOS, or any other policies or guidelines governing the Site and the
Services, at any time, in its sole discretion and without advance notice to You.
You agree to comply with all policies regarding permitted and prohibited uses of
the Site and the Services that may be posted by Altruvest from time to time on
the Site. Any changes will be effective upon posting of the revisions on
the Site. Your use of the Site and the Services will be subject to the
most current version of these TOS posted on the Site at the time of such use.
You may view the most current version of this policy here. YOUR
CONTINUED USE OF THE SITE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES
WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU
DO NOT AGREE TO ANY CHANGES TO THESE TOS, PLEASE IMMEDIATELY DISCONTINUE USE OF
THE SITE AND THE SERVICES.
At the sole discretion of Altruvest, a User in violation of these TOS may have:
(a) his or her account suspended immediately; (b) his or her activities in
connection with the Site investigated, and/or; (c) his or her account terminated
and/or, if appropriate, be subject to a civil action and/or criminal
prosecution.
1. DEFINITIONS
In these TOS, capitalized terms shall have the meanings set out in this Section
1:
“Claims”
means any claim, demand, liability, damage, loss, suit, action, or cause of
action and all related costs and expenses, including legal fees, if any;
“Content”
includes information made available, displayed or transmitted in connection with
the Site and the Services including, but not limited to, all trade-marks, domain
names, information made available by means of an HTML “hyper link”, a third
party posting or similar means and all updates, upgrades, modifications and
other versions of any of the foregoing;
“Services”
means the volunteer board matching service, governance training sessions, peer
learning circles and mentoring, subject to these TOS and any and other policies
and procedures of Altruvest, provided to You by Altruvest; and
“TOS”
means the terms and conditions contained in these terms of service in respect of
use of the Site and the Services, as the same may be amended or replaced from
time to time in accordance with the provisions of these TOS.
2. INTERPRETATION
The provisions contained in these TOS are intended to be guidelines for You as
it relates to acceptable behaviour and conduct in connection with Your use of
the Site and the Services. THESE PROVISIONS ARE NOT MEANT TO BE
EXHAUSTIVE. In general, any conduct that violates any laws and
regulations, whether or not expressly mentioned in these TOS, is prohibited.
Altruvest reserves the exclusive right, at any and all times, to prohibit any of
Your activities, in connection with Your use of the Site and the Services, that
in any way damage the reputation and goodwill of Altruvest and any
Altruvest-related initiatives and programs or Altruvest program co-operators.
Unless otherwise specified, words importing the singular include the plural and
vice versa and words importing gender include all genders.
3. SYSTEM AND NETWORK SECURITY
In connection with Your use of the Services, You agree not to engage in the
following activities:
(a) download, post, e-mail or
otherwise transmit any content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) download, post, e-mail or
otherwise transmit any content that You do not have a right to transmit under
any law or under contractual or fiduciary relationships;
(c) download, post, e-mail or
otherwise transmit any content that infringes, misappropriates, or otherwise
violates any third party’s copyright, patent, trade-mark, or other proprietary
right of publicity or privacy, or encourages or enables any other party to do
so;
(d) use any content downloaded
through the Site to post, e-mail or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
(e) upload, post, e-mail or
otherwise transmit any material to the Site that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy,
alter, or limit the functionality of any computer software or hardware or
telecommunications equipment;
(f) interfere with or disrupt the
Site or servers or networks connected to the Site, including attempting to
interfere with the access of any other user, host or network, including without
limitation, overloading, engaging in “denial of service” attacks, “spamming”,
“crashing”, or “mail-bombing” the Site or disobeying any requirements,
procedures, policies or regulations of networks connected to the Site;
(g) use the Site for any public or
commercial purposes, without the express prior written permission of Altruvest;
(h) modify, adapt, sublicense,
translate, sell, reverse engineer, decompile or disassemble any portion of the
Site;
(i) collect or store personal data
about other users.
(j) tamper with accounts of other
users, or committing unauthorized intrusions into any part of the Altruvest
system or related systems;
(k) use accounts not provided or
intended for use by You or circumventing security provisions in order to access
the Site and/or the Services;
4. DISCLAIMER
The Site and all Services provided by Altruvest, is provided to You “as is” and
“as available” without warranty or condition of any kind, either express or
implied, including, but not limited to, the implied warranties and conditions of
merchantability, fitness for a particular purpose, quiet enjoyment, or
non-infringement.
Altruvest makes no representations or warranties that: (i) the Site and the
Services will meet Your requirements; (ii) the Site and the Services will be
uninterrupted, timely, secure, or error-free; and (iii) the results that may be
obtained from the use of the Site and the Services will be accurate or reliable.
Altruvest is not responsible for any damages arising from Your use of the Site
and any Services provided by Altruvest or Your inability to use the Site and any
Services for any reason.
5. LIMITATION OF LIABILITY
You expressly understand and agree that in no event shall Altruvest, its
directors, officers, employees, agents or advisors be liable to You for any
direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if Altruvest has been advised of the
possibility of such damages under contract, warranty, negligence, strict
liability or any other theory), resulting from: (i) the use or the inability to
use the Services, the Site or any Content; (ii) any third party claims that the
use by You of the Services, the Site or the Content violates any intellectual
property right; or (iii) any other matters relating to the Service, the Site or
the Content. You specifically acknowledge that Altruvest shall have no
liability to You for any Content downloaded from the Site and/or the Service
and/or in connection with your use of the Site and/or the Service.
6. GENERAL
You agree to abide by the following general provisions:
(a) Altruvest reserves the right,
in its sole discretion, to deactivate Your account(s) upon an indication that
portions of these TOS are, in the sole and absolute discretion of Altruvest,
being violated by You in any way.
(b) Altruvest has no obligation to
monitor Content or Your use of the Site and/or the Services. However You
agree that We have the right to monitor and investigate Your use of the Site
and/or the Services electronically from time to time and to disclose any
information as necessary to:
(i) satisfy any law, regulation or
other governmental request or to assist in the pursuit of any legal action
against You;
(ii) operate the Site and Services
properly;
(iii) ensure or enforce compliance
with these TOS and the Privacy Policy; or
(iv) protect Altruvest or our
affiliates, program co-operators, sponsors and other users.
(c) Due to the public nature of the
Internet, all information should be considered generally accessible to the
public and important or private information should be treated carefully.
Except as specifically set out in the Privacy Policy,
Altruvest is not liable for protection or privacy of Your e-mail or Your other
information transferred through the Internet or any other network Altruvest or
its other users may utilize.
(d) Your use of any Content
obtained via the Site and the Services is at Your own risk. Altruvest
specifically denies any responsibility for the accuracy or quality of
information obtained through the Site and the Services.
(e) If Altruvest cancels Your
account(s) for any reason, You agree not to reregister with the Site without
Altruvest’s prior written consent. In the event You reregister without
Altruvest’s prior written consent, Altruvest will cancel Your account(s).
(f) Altruvest requires that You be
at least eighteen (18) years of age to create an account and use our Services.
Any misrepresentation made by You in respect of any data and/or information
supplied by You during the registration process will be grounds for Altruvest to
terminate Your account.
(g) You agree to defend, hold
harmless and indemnify Altruvest from any and all Claims (including, without
limitation, reasonable legal fees) arising out of: (i) Your breach or violation
of any covenant contained in these TOS; or (ii) Your use of the Site and/or the
Services.
(h) You agree to waive and hold
Altruvest harmless from any Claims relating to any action taken by Altruvest as
part of an investigation into a suspected violation of these TOS or as a result
of its conclusion that a violation of these TOS has occurred.
(i) We have a strong policy to
respect and protect the privacy of its users and their information that is
stored on Our servers. This policy is available here. Altruvest
will only use and disclose information in accordance with the Privacy Policy.
7. POLICY ENFORCEMENT
When Altruvest becomes aware of any alleged violation of these TOS, Altruvest
will immediately initiate an investigation. Altruvest may, at its own
discretion, anytime during an investigation, restrict Your access to the Site
and/or Services in order to prevent any further possible unauthorized activity.
Depending on the severity of the violation, Altruvest may, at its sole
discretion, restrict, suspend, or terminate Your account and/or pursue other
legal remedies. If such violation is a criminal offence, Altruvest may
promptly notify the appropriate law enforcement officials of such violation.
You hereby authorize Altruvest, its affiliates, suppliers and agents to
cooperate with: (i) law enforcement authorities in the investigation of
suspected criminal violations; and (ii) system administrators at other Internet
service providers or other network or computing facilities in order to enforce
these TOS. Such cooperation may include Altruvest providing the username,
IP address or other identifying information about a subscriber.
Notwithstanding any of the above, Altruvest reserves the right, in its sole and
absolute discretion, to terminate Your access to any Services, at any time.
8. CONTENT
All Services and the Site may be used for lawful purposes only.
Altruvest will be the sole arbiter as to what constitutes a violation of this
provision.
9. REPORTING ABUSE OF THIS POLICY
Any party seeking to report any violations of this policy may send an e-mail to:
information@altruvest.org
10. (a)
APPLICABLE LAW
You agree that all matters relating to the use of the Site, the Services and the
Content shall be governed, controlled, interpreted and defined by and under the
laws of the Province of Ontario and the federal laws of Canada applicable
therein without giving effect to any principles of conflicts of laws. You
also agree that any action at law or in equity arising out of or relating to
these TOS or Your use of the Site, the Services or the Content will be filed
only in a court located in Toronto, Ontario, Canada and You hereby irrevocably
and unconditionally consent and submit to the exclusive jurisdiction of such
courts for the purpose of any such action.
(b)
ENTIRE AGREEMENT
These TOS constitutes the entire agreement between You and Altruvest relating to
the subject matter hereof and supersede any prior understandings or agreements
(whether oral or written), claims, representations, and understandings of the
parties regarding such subject matter.
(c)
NO AGENCY; THIRD-PARTY BENEFICIARY
Altruvest is not Your agent, fiduciary, trustee, or other representative.
Nothing expressed or mentioned in or implied from these TOS is intended or will
be construed to give to any person other than the parties hereto any legal or
equitable right, remedy, or claim under or in respect to these TOS. These
TOS and all of the representations, warranties, covenants, conditions, and
provisions hereof are intended to be and are for the sole and exclusive benefit
of Altruvest and You.
(d)
ASSIGNMENT
You may not assign, convey, subcontract or delegate any of Your rights, duties
or obligations hereunder.
(e)
SEVERABILITY
If any provision of these TOS is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavour to
give effect to the parties’ intentions as reflected in the provision, and the
other provisions of these TOS remain in full force and effect.
(f)
LIMITATION
You agree that regardless of any statute or law to the contrary, any Claim
arising out of or related to use of the Site and/or the Services or these TOS
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
(g)
NO WAIVER
Altruvest will not be considered to have waived any of its rights or remedies
described in these TOS unless the waiver is in writing and signed by Altruvest.
No delay or omission by Altruvest in exercising its rights or remedies will
impair or be construed as a waiver. Any single or partial exercise of a right or
remedy will not preclude further exercise of any other right or remedy.
Altruvest’s failure to enforce the strict performance of any provision of these
TOS herein will not constitute a waiver of Altruvest’s right to subsequently
enforce such provision or any other provisions of these TOS.
(h)
HEADINGS
The headings used in these TOS are included for convenience only and have no
legal or contractual effect.