These Terms of Service (“Terms”) govern your access to and use of the website https://apogeecalgary.ca (the “Site”), the Apogee Calgary Mobile App (the “App”), and any related services (collectively, the “Services”) operated by Apogee Calgary, legally registered as 2440511 Alberta Inc, a corporation organized under the laws of Alberta, Canada (“Company,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

1. Agreement to Legal Terms

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and 2440511 Alberta Inc.

We reserve the right to update or modify these Terms at any time. Changes will be reflected by updating the “Last Updated” date. Continued use of the Services after changes are posted constitutes acceptance of those changes.

2. Our Services

The Services are intended for use in jurisdictions where such use complies with applicable laws. Users accessing the Services from outside Alberta, Canada, do so at their own risk and are responsible for compliance with local laws.

The Services are not designed to comply with industry-specific regulations including, without limitation:

• HIPAA

• FISMA

• Alberta Health Information Act (HIA)

• Gramm-Leach-Bliley Act (GLBA)

• Personal Information Protection Act (PIPA)

You may not use the Services in violation of applicable privacy, financial, or healthcare regulations.

3. Intellectual Property Rights

Ownership

All content, including software, designs, text, graphics, logos, trademarks, and materials (“Content” and “Marks”) are owned or licensed by us and protected by Canadian and international intellectual property laws.

Limited License

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services

• Download or print Content for personal, non-commercial, or internal business use

No other rights are granted without express written permission.

4. User Representations

By using the Services, you represent that:

1. All information you provide is accurate and current.

2. You have legal capacity to enter into this agreement.

3. You are not a minor without parental consent.

4. You will not use automated means (bots, scripts).

5. You will not use the Services unlawfully.

We may suspend or terminate accounts for inaccurate or misleading information.

5. User Registration

If registration is required:

• You are responsible for maintaining password confidentiality.

• You are responsible for all activities under your account.

• We may remove or change usernames deemed inappropriate.

6. Products and Pricing

We attempt to accurately display product details. However:

• Colors and specifications may vary.

• All products are subject to availability.

• Prices may change at any time.

7. Purchases and Payment

We accept:

• Visa

• Mastercard

• American Express

• Discover

All payments are processed in Canadian Dollars (CAD). You authorize us to charge your selected payment method upon order placement.

We reserve the right to:

• Correct pricing errors

• Refuse or cancel orders

• Limit quantities

8. Subscriptions

Initial 90-Day Fit Period

The first ninety (90) days are considered an evaluation period for both family and program fit.

During this period:

• Families may withdraw with written notice.

• We may discontinue enrollment with written notice.

• Refunds, if applicable, will follow the refund policy below.

After 90 Days

Cancellation takes effect at the end of the current paid term.

9. Refund Policy

All sales are final.

Due to the nature of our programs, services, and educational offerings, we do not offer refunds once services have been delivered. Knowledge and program access cannot be recaptured.

10. Prohibited Activities

You agree not to:

• Violate any laws or regulations

• Circumvent security features

• Upload harmful code or viruses

• Engage in harassment or abuse

• Impersonate others

• Mine or scrape data

• Use the Services to compete with us

Violation may result in termination and legal action.

11. User-Generated Content

You may submit content (“Contributions”). By doing so, you:

• Confirm you own or have rights to the content

• Grant us a worldwide, royalty-free, perpetual license to use it

• Waive moral rights where permitted

We may remove content at our discretion.

12. Reviews

Reviews must:

• Be truthful

• Be based on firsthand experience

• Not contain offensive or unlawful content

• Not be posted by competitors

We may remove reviews at our discretion.

13. Mobile Application License

If accessing via the App, you are granted a limited license to use it in accordance with these Terms.

You may not:

• Reverse engineer

• Modify

• Use the App for competitive purposes

• Send automated queries

App store providers (Apple or Google) are third-party beneficiaries of this section.

14. Third-Party Websites

We are not responsible for:

• Third-party websites

• Third-party content

• Purchases made outside our Services

Access third-party content at your own risk.

15. Privacy Policy

Your use of the Services is subject to our Privacy Policy.

Data may be hosted in the United States. By using the Services, you consent to cross-border data transfer.

16. Term and Termination

We may suspend or terminate your access at any time for:

• Breach of these Terms

• Violation of law

• Any reason at our discretion

You may not create a new account after termination without permission.

17. Modifications and Interruptions

We may:

• Modify or discontinue Services

• Perform maintenance

• Update content

We are not liable for downtime or interruptions.

18. Governing Law

These Terms are governed by the laws of the Province of Alberta, Canada.

19. Dispute Resolution

Informal Negotiation

Parties agree to attempt informal resolution for 120 days before arbitration.

Binding Arbitration

Disputes shall be resolved through binding arbitration under the rules of the ADR Institute of Canada.

Arbitration will take place in Calgary, Alberta.

Class actions are not permitted.

Certain claims (intellectual property, injunctive relief, unauthorized use) are excluded from arbitration.

20. Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

We disclaim all warranties, including:

• Merchantability

• Fitness for a particular purpose

• Non-infringement

We are not liable for errors, interruptions, unauthorized access, or third-party actions.

21. Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages.

• Our total liability is limited to amounts paid by you in the six (6) months prior to the claim.

Some jurisdictions may not allow certain limitations.

22. Indemnification

You agree to defend and indemnify us against claims arising from:

• Your use of the Services

• Your Contributions

• Violation of these Terms

• Infringement of third-party rights

23. Electronic Communications

You consent to:

• Electronic communications

• Electronic signatures

• Electronic records

These satisfy legal writing requirements.

24. SMS Use

By opting into SMS communications, you agree to receive:

• Enrollment updates

• Reminders

• Administrative notices

• Event notifications

Message frequency varies. Standard message rates may apply.

You may opt out by replying STOP.
For help, reply HELP.

Mobile carriers are not liable for delayed or undelivered messages.

25. Alberta Consumer Complaints

If unresolved, Alberta residents may contact:

Consumer Investigations Unit (CIU)
Service Alberta and Red Tape Reduction
Email: [email protected]
Phone: 1-877-427-4088

26. Miscellaneous

These Terms:

• Represent the entire agreement

• Are severable if partially unenforceable

• Do not create partnership or agency

• May be assigned by us

Failure to enforce any provision does not waive rights.

27. Contact Information

For questions or complaints:

2440511 Alberta Inc
Calgary, Alberta, Canada
Email: [email protected]