Terms of Use

Future Directions Education Inc. Terms of Service (June 23, 2021)

Contractual Relationship

These Terms of Use (“Terms”) govern the access and/or use, by individuals who have registered with Future Directions Education Inc. and have a User Account or a profile in a User Account as explained below (“you”, “your”, “User”), of applications, websites, content, products and services (collectively referred to as the “Future Directions Education Inc. Platform”), owned and operated by Future Directions Education Inc. (“Future Directions Education Inc.”, “we”, “us”). These Terms also govern participation in Future Directions Education Inc., or any program made available from time to time (collectively “Future Directions Education Inc. Programs”). For clarity, these Terms set out circumstances in which you may use the Future Directions Education Inc. Platform on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you have the legal authority to seek Services as defined below (each a “Registered Dependent“).

By accessing and using the Future Directions Education Inc. Platform, or participating in any Future Directions Education Inc. Programs, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Future Directions Education Inc. If you do not agree to these Terms at any point, you must immediately cease accessing the Future Directions Education Inc. Platform and participating in any Future Directions Education Inc. Programs.

We reserve the right, in our sole and absolute discretion, to modify, alter or otherwise update these Terms at any time and, by using the Future Directions Education Inc. Platform or participating in any Programs, after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.

On notice to you, Future Directions Education Inc. may immediately terminate these Terms and/or any Future Directions Education Inc. Programs, and/or access to the Future Directions Education Inc. Platform or participation in any Future Directions Education Inc. Programs, or generally cease offering or deny access to the Future Directions Education Inc. Platform or any portion thereof and/or any Future Directions Education Inc. Programs, at any time, for any reason.

Authorized Educational Consultants, Authorized Non-Educational Consultant Providers, Future Directions Education Inc. Educational Consulting Platform

Authorized Educational Consultants

All Educational Consultants providing Services or Informational Services, as defined below, (each an “Authorized Consultant”) are independent Educational Consultants. Future Directions Education Inc. is not an Education Institution.  Authorized Educational Consultants alone are responsible for the Services and Informational Services they provide through the Future Directions Education Inc. Platform.

Services

Authorized Educational Consultants and Authorized Non-Educational Consultant Providers may provide Educational Consulting services in various locations (“Informational Services”).

Educational Consulting is the delivery of Educational Consulting and other services using interactive text, audio and video technology, where the client and the Consultant are not in the same physical location. During your Educational Consulting consultation with an Authorized Consultant or a Non-Consultant Provider, you will be asked to provide the Authorized Consultant or Non-Consultant Provider Certain Personal Information (collectively referred to together as “Information)

The type of services that are available to you through the Future Directions Education Inc. Platform depends on your location at the time you request the services.

Educational Consulting Services, Limits on Educational Consulting Services

The relationship between you and an Authorized Consultant providing Services is a Consultant-client relationship. 

Privacy

Our collection, use, disclosure, retention and disposal and destruction of Information are governed by our Privacy Policy. You must review our Privacy Policy prior to agreeing to these Terms as the Privacy Policy is incorporated by reference into, and accordingly is part of, these Terms.

By authorizing someone else (a “Third Party”) to pay the fees for your Services or Informational Services, as described in the section on Payment below and to the extent permitted under the section on Third Party Payment below, you are representing to Future Directions Education Inc., and Future Directions Education Inc. will rely on your representation, that:

  • you consent to us using the email address provided to us by the Third Party to communicate with you regarding the Future Directions Education Inc. Platform and Services and/or Informational Services.
  • disclosing the information that you have requested Services to the Third Party to permit Future Directions Education Inc. to process payment for the Services and/or Informational Services; and
  • notifying the Third Party of any changes or termination of your access to the Future Directions Education Inc. Platform.

If you have questions about our privacy program, our management of your Information, or the personal information that we disclose to Third Party payers, please contact us as set out in the Privacy Policy.

How it Works

The Future Directions Education Inc. Platform and Educational Consulting Services

The Future Directions Education Inc. Platform enables you to access the online provision of Educational Consulting from Educational Consulting providers who practice for you. You agree that the Future Directions Education Inc. Platform is made available solely for your personal and non-commercial use.

The Future Directions Education Inc. Platform also enables you to: store Personal Information created or compiled in the course of providing Educational Consulting Services) and to share it with Authorized Educational Consultants and Authorized Non-Educational Consultants. The Future Directions Education Inc. Platform offers optional services that Future Directions Education Inc. will perform on your behalf, at your direction. 

For Clarity

BY REGISTERING TO USE THE FUTURE DIRECTIONS EDUCATION INC. PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:

The Future Directions Education Inc. Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Authorized Educational Consultants and Authorized Non-Educational Consultant Providers for the provision of Services and/or Informational Services. Authorized Educational Consultants and Authorized Non-Educational Consultant Providers are independent contractors. 

AUTHORIZED EDUCATIONAL CONSULTANTS AND AUTHORIZED NON-EDUCATIONAL CONSULTANT PROVIDERS ARE SOLELY RESPONSIBLE FOR SERVICES AND INFORMATIONAL SERVICES THAT THEY PROVIDE TO YOU. As with any other Consulting Service, no results can be guaranteed or assured: your Authorized Consultant or Authorized Non-Consultant Provider may determine that Services are not appropriate for some or all of your or your dependents needs, and accordingly may elect not to provide Services to you through the Future Directions Education Inc. Platform.

As with any other Educational Consulting service, there are risks associated with the use of the Educational Consulting Services.

There are risks associated with any inappropriate reliance on Informational Services.

The Future Directions Education Inc. Platform may not permit the transmission of information in a way that allows the Authorized Consultant or Authorized Non-Consultant Provider to provide Services or Informational Services (e.g., poor resolution of images).

You are responsible for providing the Authorized Consultant and Authorized Non-Consultant Provider with the information that he or she advises is required in order to provide you with Services or Informational Services.

The laws that protect the privacy and security of Personal Information apply to Educational Consulting; (again, please see our Privacy Policy).

The content and material appearing on the Future Directions Education Inc. Platform could include technical, typographical or photographic errors. Future Directions Education Inc. does not warrant that any of the materials provided are accurate or current (see the Section on “Content” below).

Content

None of the information or materials (collectively, excluding Educational Consulting Services, (“Content”) available through the Future Directions Education Inc. Platform is medical advice, treatment, diagnosis or an endorsement. It is your responsibility to discuss any content with your family or another Educational Consulting Provider prior to relying on it and any reliance on Content is at your own risk.

Ownership

The Future Directions Education Inc. Platform, all Contents and rights therein,  are and shall remain Future Directions Education Inc. property or the property of Future Directions Education Inc. licensors. Neither these Terms nor your use of the Future Directions Education Inc. Platform convey or grant to you any rights to use or reference in any manner Future Directions Education Inc. brand elements, company name, logo, product and service names, trademarks or services marks or those of Future Directions Education Inc. licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.

Preliminaries: User Accounts

In order to use the Future Directions Education Inc. Platform, including obtaining Services or Informational Services, you must register for and maintain an active personal account (“User Account”). You must be at least 18 years of age to create a User Account, unless you are associated with a Third Party that permits individuals under the age of 18 to create a User Account (e.g. such as an international student associated with a specific insurance provider that is paying Fees on your behalf) and you meet the Third Party minimum age requirement specified to you in any additional terms at the time you create the User Account. You are only permitted to request Services for you or for Registered Dependents you have added to your User Account. You must create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information. Again, you are only permitted to request Services for yourself or Registered Dependents. You may request Informational Services for you only.

You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Future Directions Education Inc. in writing, you may only possess one User Account.

Restrictions

While using the Future Directions Education Inc. Platform, you may not, and represent and promise that you will not:

  1. Remove or alter any copyright, trademark, brand elements or other proprietary notices.
  2. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Future Directions Education Inc. Platform except as expressly permitted by Future Directions Education Inc.
  3. Decompile, reverse engineer or disassemble the Future Directions Education Inc. Platform except as may be permitted by applicable law.
  4. Link to, mirror or frame any portion of the Future Directions Education Inc. Platform.
  5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Future Directions Education Inc. Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Future Directions Education Inc. Platform.
  6. Attempt to gain unauthorized access to or impair any aspect of the Future Directions Education Inc. Platform, or its related systems or networks.
  7. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
  8. Use the Future Directions Education Inc. Platform in a manner that violates any laws.

In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the Future Directions Education Inc. Platform, including Authorized Educational Consultants and Authorized Non-Educational Consultant Providers. You agree that you will not contact Authorized Educational Consultants and Authorized Non-Educational Consultant Providers in respect of Services or Informational Services except through the Future Directions Education Inc. Platform. For clarity, Future Directions Education Inc. has no interest in or control over any interaction that you may have with Authorized Educational Consultants and Authorized Non-Educational Consultant Providers outside the Future Directions Education Inc. Platform and unrelated to Services or Informational Services.

Termination

As set out above, Future Directions Education Inc. reserves the right to terminate any User’s access or use of the Future Directions Education Inc. Platform at any time, for any reason. If your User Account is terminated, Future Directions Education Inc. will have no further obligation to provide access to the Future Directions Education Inc. Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Authorized Consultant or an Authorized Non-Consultant Provider in connection with his or her professional obligations to you.

You may deactivate your User Account at any time, for any reason, by logging in to your User Account. Please see our Privacy Policy in relation to our management of Information on the deactivation of a User Account.

Fees/Consultant Payment/ Payment Options

You understand that you will be charged a fee for any Services and/or Informational Services you receive from an Authorized Consultant and/or an Authorized Non-Consultant Provider, unless the fees are paid by someone else (e.g., your employer) as permitted under these Terms. 

All fees for Services and Informational Services are in Canadian dollars and inclusive of all applicable taxes.

Pay-per-visit option: You may pay the fees for Services and Informational Services (“Fees”) at the time you request Services and/or Informational Services. Future Directions Education Inc. requires you to submit credit card information prior to any Services or Informational Services being provided to you for the purpose of validation of the card. You will not be able to begin accessing Services or Informational Services through the Future Directions Education Inc. Platform if the credit card information you provide is inaccurate and/or if your credit card is declined at the point of validation. You agree that Future Directions Education Inc., on behalf of Authorized Educational Consultants and Authorized Non-Educational Consultant Providers, may validate your credit card and put a hold on it in the amount of the Fees. Future Directions Education Inc. will provide you with a receipt for the Fees you pay.

Third Party Payment/Coverage

Future Directions Education Inc. may permit a Third Party (e.g., employer) to pay the Fees for some or all of the Services or Informational Services provided to a User or group of Users. In these circumstances, Future Directions Education Inc. has a contract with the Third Party, under which the Third Party discloses the name and contact information, including the email address, of the User or Users who have agreed to register with Future Directions Education Inc. to obtain Services and/or Informational Services, and for whom the Third Party will pay the Fees for some or all of the Services or Informational Services they receive. The payment option will be determined by the Third Party and Future Directions Education Inc. Future Directions Education Inc. is not a party to and has no control over the agreement between any User and a Third -Party payer. Coverage by a Third Party does not release a User from the obligation to comply with these Terms except the Terms related to his or her direct payment of the Fees. Future Directions Education Inc. will inform Users of any changes to or termination of their Third- Party coverage. Users whose Third -Party coverage is terminated may be given the option of continuing to use the Future Directions Education Inc. Platform under their existing account so long as they pay the Fees.

Disclaimer

THE FUTURE DIRECTIONS EDUCATION INC. PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” FUTURE DIRECTIONS EDUCATION INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FUTURE DIRECTIONS EDUCATION INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE FUTURE DIRECTIONS EDUCATION INC. PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FUTURE DIRECTIONS EDUCATION INC. DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF SERVICES OR INFORMATIONAL SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE FUTURE DIRECTIONS EDUCATION INC. PLATFORM, AND ANY RISK RELATED TO THE SERVICES AND INFORMATIONAL SERVICES.

Limitation of Future Directions Education Inc. Liability

UNDER NO CIRCUMSTANCE SHALL FUTURE DIRECTIONS EDUCATION INC. BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE FUTURE DIRECTIONS EDUCATION INC. PLATFORM AND/OR EDUCATIONAL CONSULTING SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED EDUCATIONAL CONSULTANTS AND/OR AUTHORIZED NON-EDUCATIONAL CONSULTANT PROVIDERS. FUTURE DIRECTIONS EDUCATION INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE FUTURE DIRECTIONS EDUCATION INC. PLATFORM AND/OR SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE FUTURE DIRECTIONS EDUCATION INC. PLATFORM AND/OR SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED CONSULTANT OR ANY AUTHORIZED NON-CONSULTANT PROVIDER. FUTURE DIRECTIONS EDUCATION INC. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FUTURE DIRECTIONS EDUCATION INC.’S REASONABLE CONTROL. YOU AGREE THAT FUTURE DIRECTIONS EDUCATION INC. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE FUTURE DIRECTIONS EDUCATION INC. SITE OR THE SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED EDUCATIONAL CONSULTANTS AND AUTHORIZED NON-EDUCATIONAL CONSULTANT PROVIDERS.

No liability for computers or networks used to access your account

Future Directions Education Inc. is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Future Directions Education Inc. Platform.

Indemnity

You agree to indemnify and hold Future Directions Education Inc. (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Future Directions Education Inc. Platform, Services and/or Informational Services obtained through your use of the Future Directions Education Inc. Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Educational Consultants and/or Authorized Non-Educational Consultant Providers, other Users, any person on whose behalf you request Services and/or Informational Services, and/or referred friends. Through the Future Directions Education Inc. Platform, you may use certain services that are not provided by Future Directions Education Inc. and that we identify to you for your convenience, e.g., referral partner services. To the extent that a service is not provided by Future Directions Education Inc., you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Future Directions Education Inc.

General Provisions

Entire Agreement. These Terms constitute the entire agreement and understanding of Future Directions Education Inc. and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.

Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Future Directions Education Inc. Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Toronto, Ontario, Canada.

Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Future Directions Education Inc. prior written consent. Future Directions Education Inc. may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Links to External Websites. Links on Future Directions Education Inc. Platform to other websites or resources including those operated by parties other than Future Directions Education Inc., are provided for your convenience. Future Directions Education Inc. is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third -party websites or resources is conducted at your own risk. Future Directions Education Inc. is not responsible even where we link you to those resources or refer you for your convenience.

Severability: If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Contact Us

If you have questions about the Future Directions Education Inc. Platform or its use, you can contact Future Directions Education Inc. Support by sending an email to support@futuredirections.ca

Binding Arbitration

These Terms of Use provide that all disputes between you and Future Directions Education Inc. that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Future Directions Education Inc.

Privacy Practices

You agree that information provided by you in connection with the Services and Site shall be governed by the Future Directions Education Inc. Privacy Policy which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Services shall also be governed by the Future Directions Education Inc. Education Inc. Privacy Practices and is hereby incorporated and made a part of this Agreement.

Services Provided by Future Directions Education Inc.

We offer an online communication platform for Educational Consultants and individuals to connect via the Site through the use of synchronous and asynchronous telecommunications technologies.  The Site facilitates communication between individuals and Educational Consultants.

The Educational Consultants are independent of Future Directions Education Inc. and are merely using the Site to communicate with you.  Any information or advice received from an Educational Consultant comes from them alone, and not from Future Directions Education Inc.  Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular school system.  Neither Future Directions Education Inc., nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Consultant via the Site or Service, nor any information obtained on the Site.  Future Directions Education Inc. does not make any representations or warranties about the training or skill of any Educational Consultants who deliver services via the Site or Service.  You will be provided with available Educational Consultants based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Consultant.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only. All information provided by Future Directions Education Inc., or in connection with any communications supported by Future Directions Education Inc., is intended to be for general information purposes only.

Eligibility; Site Access, Security and Restrictions; Passwords

In order to access the Site and the Services, you represent and warrant that you are older than 18 years old.  You agree to fully, accurately, and truthfully create your Future Directions Education Inc. Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Future Directions Education Inc. ID and credentials.  The Future Directions Education Inc. ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Future Directions Education Inc. ID and/or credentials, and for all activities that occur under such Future Directions Education Inc. ID and/or credentials.  You agree to prohibit anyone else from using your Future Directions Education Inc. ID and/or credentials and agree to immediately notify Future Directions Education Inc. of any actual or suspected unauthorized use of your Future Directions Education Inc. ID and/or credentials or other security concerns of which you become aware.  Your access to the Site may be revoked by Future Directions Education Inc. at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.  Violations of system or network security may result in civil or criminal liability.  Future Directions Education Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Electronic Communications

When you use the Site or Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.  You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Future Directions Education Inc. may contact you by telephone, mail, or email to verify your account information.  Future Directions Education Inc. may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently created your Account.  If you do not provide this information in the manner requested within five (5) calendar days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

Consent to Receive Calls and Text Messages

By providing your mobile number, you are agreeing to be contacted by or on behalf of Future Directions Education Inc. at the mobile number you have provided, including calls and text messages, to receive information. Product or Service related and marketing communications relating to the Site and Services. Message and data rates may apply.

Ownership of The Site and Related Materials; Additional Restrictions

All pages within this Site and any material made available for download are the property of Future Directions Education Inc., or its licensors or suppliers, as applicable.  The Site is protected by United States and international copyright and trademark laws.

All rights not expressly granted to you in these Terms of Use are reserved and retained by Future Directions Education Inc. or its licensors, suppliers, publishers, rights holders, or other content providers.  Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Future Directions Education Inc.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Future Directions Education Inc. without express written consent.  You may not use any meta tags or any other “hidden text” utilizing Future Directions Education Inc. name or trademarks without the express written consent of Future Directions Education Inc.  You may not misuse the Site or Services. You may use the Site and Services only as permitted by law.  The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Future Directions Education Inc.  You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including images, text, page layout, or form) of Future Directions Education Inc. without our express written consent.

No Users Under 18 Years Old

The Site and Services are only for sole users of the minimum age of 18.  If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us.  If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information.  If you believe we have collected personal information from someone under the age of 18, please Contact US or call us support@futuredirections.ca

Accuracy of Information; Functionality

Although Future Directions Education Inc. attempts to ensure the integrity and accuracy of the Site and Product descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Product descriptions and other content on the Site.  It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.  In the event that an inaccuracy arises, please inform Future Directions Education Inc. so that it can be corrected.  If a Product described on our Site is not as described when you receive it, or the packaging on the Site does not match the product to receive, your sole remedy is to return it to us in unused and undamaged condition.  Information contained on the Site may be changed or updated without notice.  Additionally, Future Directions Education Inc. shall have no responsibility or liability for information or content posted to the Site from any non-Future Directions Education Inc. affiliated third party.

Future Directions Education Inc. each reserves complete and sole discretion with respect to the operation of the Site and the Services.  We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things.  We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers.  We are not responsible for maintaining information arising from use of the Site or with respect to the Services.  We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

Links to Other Sites

Future Directions Education Inc. makes no representations whatsoever about any other website that you may access through this Site.  When you access a non-Future Directions Education Inc. site, please understand that it is independent from Future Directions Education Inc., and that Future Directions Education Inc. has no control over the content on that website.  In addition, a link to a non-Future Directions Education Inc. website does not mean that Future Directions Education Inc. endorses or accepts any responsibility for the content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

User Information

If you submit, upload, post or transmit any personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.  You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.  You represent and warrant to Future Directions Education Inc. that you have the legal right and authorization to provide all User Information to Future Directions Education Inc. for use as set forth herein and required by Future Directions Education Inc.

You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership of intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Future Directions Education Inc..  You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect Information about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

You agree to defend, indemnify and hold harmless Future Directions Education Inc., and the Future Directions Education Inc. Educational Consultants from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Future Directions Education Inc. respects the intellectual property rights of others and expects its users to do the same.  In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Future Directions Education Inc. Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Future Directions Education Inc. Education Inc.

ATTN: Chief Executive Officer – support@futuredirections.ca

Intellectual Property

Except for your Education Records if shared, Future Directions Education Inc. as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Future Directions Education Inc.  The information available through the Site and the Services is the property of Future Directions Education Inc. as applicable.  You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone.  Use, reproduction, copying, or redistribution of Future Directions Education Inc. trademarks, service marks, and logos are strictly prohibited without the prior written permission of Future Directions Education Inc. or as applicable.  The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Future Directions Education Inc. or the third-party owner of such trademarks, service marks, and/or logos.  The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Future Directions Education Inc. may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

Disclaimer of Warranties

FUTURE DIRECTIONS EDUCATION INC. DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.  THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.  FUTURE DIRECTIONS EDUCATION INC. DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. FUTURE DIRECTIONS EDUCATION INC. DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY FUTURE DIRECTIONS EDUCATION INC. ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY FUTURE DIRECTIONS EDUCATION INC. OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

FUTURE DIRECTIONS EDUCATION INC. SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF FUTURE DIRECTIONS EDUCATION INC. EDUCATION INC OR THE EDUCATIONAL CONSULTANTS.  FUTURE DIRECTIONS EDUCATION INC. AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF FUTURE DIRECTIONS EDUCATION INC. TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

No Third-Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Future Directions Education Inc., and its affiliates.  Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Future Directions Education Inc. and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Future Directions Education Inc., and its affiliates.

Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Future Direction’s prior written consent. Future Directions Education Inc. may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder.  The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

Supplemental Terms Applicable to Educational Consultants

These supplemental terms apply to Educational Consultants in addition the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be an Educational Consulting provider using the Site (“Consultant” or “you”) you must be a licensed Educator and must agree to comply with all laws, and other rules and regulations applicable to you as an Educator or otherwise.  Future Directions Education Inc. is solely responsible for all billings and collections from customers and/or clients, and Future Directions Education Inc. shall have no liability whatsoever to consultant with respect to any amounts owed by any customer and/or client to consultant.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“ Content”) or provide any Content to consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.  Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, clients and other consumers.  You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication.  You represent and warrant to Future Directions Education Inc. that you have the legal right and authorization to upload all Content at the Site.  Future Directions Education Inc. shall have a royalty-free, irrevocable, transferable right and license to use the Content however Future Directions Education Inc. desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Future Directions Education Inc. is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay to you any compensation for any Content; or (3) to respond to any Content.

Future Directions Education Inc. does not regularly review Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Content submitted to the Site.  You grant Future Directions Education Inc. the right to use the name that you submit in connection with any Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Content.  You are and shall remain solely responsible for the content of any Content you post to the Site or provide to clients or other consumers.  Future Directions Education Inc. and its affiliates take no responsibility and assume no liability for any Content submitted by you or any third party.

Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department.  However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Future Directions Education Inc. agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the courts in Canada. You agree that, by agreeing to these Terms of Use, the Canadian Commercial Arbitration Act governs the interpretation and enforcement of this provision, and that you and Future Directions Education Inc. are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Future Directions Education Inc.

If you desire to assert a claim against Future Directions Education Inc., and you therefore elect to seek arbitration, you must first send to Future Directions Education Inc., by certified mail, a written notice of your claim (“Notice”).  The Notice to Future Directions Education Inc. should be addressed to 30 South Kingslea Dr Toronto, Ontario M8Y 2A4 (“Notice Address”).  If Future Directions Education Inc. desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you.  A Notice, whether sent by you or by Future Directions Education Inc., must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).  If Future Directions Education Inc. and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Future Directions Education Inc. may commence an arbitration proceeding or file a claim in small claims court.  During the arbitration, the amount of any settlement offer made by Future Directions Education Inc. or you shall not be disclosed to the arbitrator.  The arbitrator is bound by the terms of these Terms of Use.  All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement.  Unless Future Directions Education Inc. and you agree otherwise, any arbitration hearings will take place in Canada. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.  If the arbitrator issues you an award that is greater than the value of Future Direction’s last written settlement offer made before an arbitrator was selected (or if Future Directions Education Inc. did not make a settlement offer before an arbitrator was selected), then Future Directions Education Inc. will pay you the amount of the award or CND $1,000, whichever is lesser.  Each party shall pay for its own costs and attorneys’ fees, if any.  However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND FUTURE DIRECTIONS EDUCATION INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and Future Directions Education Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Indemnification

You agree to defend, indemnify, and hold harmless Future Directions Education Inc. and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Future Directions Education Inc., or any Consultant or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products or Services or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

Revisions; General

Future Directions Education Inc. reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.  Future Directions Education Inc. reserves the right to modify these Terms of Use at any time, effective upon posting.  Any use of this website after such changes will be deemed an acceptance of those changes.  You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms.  In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.  These Terms of Use constitute the entire agreement between Future Directions Education Inc. and you pertaining to the subject matter hereof.  In its sole discretion, Future Directions Education Inc. may from time-to-time revise these Terms of Use by updating this posting.  You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Copyright/Trademark Information. Copyright ©2021 Future Directions Education Inc. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties.  You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Us

If you have questions about the Future Directions Education Inc. Platform or its use, you can contact Future Directions Education Inc. Support by sending an email to support@futuredirections.ca