Terms of Use

Agreement Between User and Achievers Centre

This is the Terms of Use of Achievers Centre. These Terms of Use apply to all visitors, users, customers, clients, and others who access or use our services. Please, you are expected to read this terms and conditions carefully before you use our services. 

The Achievers Centre website is comprised of various web pages operated by Achievers Centre.

The Achievers Centre website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Achievers Centre website constitutes your agreement to all such terms, conditions, and notices. Therefore, if you disagree with any part of this terms of Use, then you may not access or use our services. Thank you for visiting the Achievers Centre. 

User’s Warrantee

The user represents and warrants that he or she is at least 18 years of age (or at least the age of majority in the state or province of residence, and you have given your consent to allow any of your minor dependents to use our website) and possesses the legal right and ability to enter into this agreement and to use Achievers Centre services, in accordance with all term and provision set forth in this Terms of Use and has the full power and authority to enter into and perform in accordance with its terms.

Links to Other Third-Party Websites or Services

The Achievers Centre website may contain links to other website or services ("Linked Sites") that are not owned or controlled by Achievers Centre. The Linked Sites are not under the control of Achievers Centre and Achievers Centre is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Achievers Centre is not responsible for webcasting or any other form of transmission received from any Linked Site. Achievers Centre is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Achievers Centre of the site or any association with its operators.

Prohibited or Unlawful Uses

As a condition of your use of the Achievers Centre website, you warrant that you will not use the Achievers Centre website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Achievers Centre website in any manner which could damage, disable, overburden, or impair the Achievers Centre website or interfere with any other party's use and enjoyment of the Achievers Centre website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Achievers Centre websites.

Use of Communication Services

The Achievers Centre website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

Achievers Centre has no obligation to monitor the Communication Services. However, Achievers Centre reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

Achievers Centre reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Achievers Centre reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Achievers Centre's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Achievers Centre does not control or endorse the content, messages or information found in any Communication Service and, therefore, Achievers Centre specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Achievers Centre spokespersons, and their views do not necessarily reflect those of Achievers Centre.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

User Submissions (Comments or Feedback)

Achievers Centre does not claim ownership of the materials you provide to Achievers Centre (including feedback and suggestions) or post, upload, input or submit to any Achievers Centre website or its associated services (collectively refer to as "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Achievers Centre, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Achievers Centre is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Achievers Centre's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

The information, software, products, and services included in or available through the Achievers Centre website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Achievers Centre and/or its suppliers may make improvements and/or changes in the Achievers Centre website at any time. Advice received via the Achievers Centre website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Achievers Centre and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Achievers Centre website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. Achievers Centre and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Achievers Centre and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Achievers Centre website, with the delay or inability to use the Achievers Centre website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Achievers Centre website, or otherwise arising out of the use of the Achievers Centre website, whether based on contract, tort, negligence, strict liability or otherwise, even if Achievers Centre or any of its suppliers has been advised of the possibility of damages. Because some Provinces/States/Jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Achievers Centre website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Achievers Centre website.

Indemnity

The user agrees to indemnify Achievers Centre, its parent, subsidiaries, affiliates, and their respective officers, directors, employees and agents from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from the user's use of our services, including without limitation claims arising out of content submitted to us by the user, the user's violation of a third party’s rights, or any claims alleging facts that if true would constitute a breach by the user of the term or provision of this Terms of Use.

Termination/Access Restriction

Achievers Centre reserves the right, in its sole discretion, to terminate your access to the Achievers Centre website and the related services or any portion thereof at any time, without notice.

Governing Law & Jurisdiction

To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Alberta, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Calgary, Alberta, Canada in all disputes arising out of or relating to the use of the Achievers Centre website. Use of the Achievers Centre website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Achievers Centre as a result of this agreement or use of the Achievers Centre website. Achievers Centre's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Achievers Centre's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Achievers Centre website or information provided to or gathered by Achievers Centre with respect to such use.

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Notices and Service 

Any notice, consent or other information required or authorised by this Terms of Use to be given by either party to the other may be given by hand or sent by first class pre-paid post, or by electronic means to the other party at the address provided for that type of communication.

Any notice, consent or information given by post shall be deemed to have been given on the second business day after it was posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid and posted, and that it has not been returned to the sender, shall be sufficient evidence that it has been duly given.

Any notice or other information sent by electronic means shall be deemed to have been duly sent on the date of transmission, provided that the sender does not receive notice of failure of delivery of such transmission.

Service of any legal proceedings concerning or arising out of this Terms of Use shall be effected by causing the same to be delivered to the party to be served at his main place of business or its registered office, or to such other address as may from time to time be notified in writing by the party concerned.

Successors and Assigns

The user shall not assign his/her obligations under, nor the benefit of, this Terms of Use, without the prior written consent of Achievers Centre.

Achievers Centre shall be entitled to assign the benefit of and his obligations under this Terms of Use to any company or other third-party that acquires the whole or any substantial part of Achievers Centre’s business or undertaking. The obligations under this Terms of Use shall be binding upon the personal representatives and permitted assigns of the user and upon the assigns and successors in business of Achievers Centre.

Entire Understanding of Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Achievers Centre with respect to the Achievers Centre website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Achievers Centre with respect to the Achievers Centre website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

All contents of the Achievers Centre website and/or its suppliers are protected under copyright law. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Modification of Our Terms of Use

Achievers Centre reserves the right to change the terms, conditions, and notices under which the Achievers Centre website is offered, including but not limited to the charges associated with the use of the Achievers Centre website.

Service Contact Information

If you have any questions or suggestions about this Terms of Use, please contact Achievers Centre at info@achieverscentre.com or use our “contact us” form.