Albertan AF Terms of Service
Last Updated: August 22, 2022
This page defines your relationship with 2347056 Alberta Inc. o/a Albertan AF (hereinafter, “Albertan AF”, “Company”, “we”, “us”, and “our”) as you purchase, use and interact with our services. Our services include, but are not limited to: (i) use of Company websites bearing the root domain “albertanaf.com” and social media accounts (the “Sites”) and the features, content, products and services provided by us when you visit, engage with, peruse or shop the Sites; (ii) use of our products or services; and (iii) use of software provided by us in connection with any of the foregoing (collectively, the “Services”).
By using our Services, you agree to be bound by the Terms of Service (the “Agreement”) and to the collection and use of your information in accordance with our Privacy Policy. Please review this Agreement carefully to ensure that you understand each provision. The Terms of Service may change at any time without notice to you. You are solely responsible for reviewing and complying with the Agreement, as amended from time to time.
1. Use of our services
You may use the Services only if you can form a binding contract with Albertan AF, and comply with this Agreement and all applicable local, provincial/state, federal and international laws, regulations and rules.
You are eligible to contract with us and use our Services so long as you are not a child. For the purposes of this Agreement, a child is considered a person under the age of 13 years (or the minimum legal age in the child’s country to be able to consent themselves to the processing of their personal information if this age is older than 13 years old).
Services may not be available to users that are previously removed from the Services. By using the Services, you represent and warrant that: (i) you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder; (ii) you are not bound by a legal agreement or other commitment that prevents you from entering into this Agreement; (iii) all account information is complete and accurate and will be maintained so that we can process your transactions and contact you as needed; and (iv) you will not violate the copyright, trademarks or other intellectual property rights of us or any third party.
2. License and access
Subject to the terms and conditions of this Agreement and your payment of any applicable fees, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any of our Services or Content (as defined in section 3), any downloading, copying or other use for the benefit of any third party, or any use of data mining, robots or similar data-gathering and extraction technologies. All rights not expressly granted to you in this Agreement are reserved and retained by Albertan AF or its affiliates, licensors, suppliers, publishers, rightsholders, or other content providers. No Service, in whole or in part, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. We may terminate this license at any time for any reason.
3. Intellectual property
Copyright. All content included in or made available through any Service such as text, graphics, logos, button icons, images, audio clips, videos, handbooks, digital downloads, data compilations, software, animation, music, sounds and choreography (“Content”) is the property of Albertan AF, its affiliates or their content creators/suppliers and protected by Canadian and international copyright laws. The compilation of all Content included in or made available through any Service is the exclusive property of Albertan AF and protected by Canadian and international copyright laws. You do not acquire any ownership rights in and to Content that is accessed or downloaded by you from any of our Sites, regardless of whether payment is rendered for such use.
Trademarks. Albertan AF is our trademark. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are trademarks of Albertan AF in Canada and other countries. Albertan AF trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by Albertan AF or its affiliates that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) or use any meta tag or any other “hidden text” utilizing Albertan AF’s name or trademarks without our prior written consent.
4. Payments and pricing
Online purchases made through our online store are processed using Stripe, subject to their respective terms and conditions. Online purchases will be charged in the currency that appears on the Sites accessed by you. We are not responsible for any fees, changes, exchange rates or additional charges levied by individual financial institutions or credit card companies. Prices are subject to change.
Albertan AF does not collect, store or have access to your credit card information. We have fully outsourced all cardholder data functions to Stripe; both payment processors are PCI DSS compliant.
5. Privacy and security
Please review our Privacy Policy to understand your legal rights and our practices with respect to the collection, use, disclosure and storage of your Personal Information when you engage with us and use our Services.
While your privacy is our priority, information transmitted over the internet is generally not secure. As a result, we do not guarantee the security of any communication to or from our Sites.
6. Electronic communications, feedback, comments and other content
When you use any of our Sites or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on our Sites or through the other Services. You are able to retain copies of these electronic communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you choose to give us feedback, such as suggestions to improve our Services, we may (or may not) act on your feedback without obligation to you. Your suggestions and ideas, once shared with us will be owned by us. Before we share your feedback publicly on any of our Sites, we will seek your permission and also give you the option to remain anonymous.
Opinions and comments that are shared publicly by users of our Sites are theirs alone and do not represent our opinions or views. We do not monitor our Sites for unlawful, inappropriate or offensive content and we do not endorse or guarantee the accuracy, completeness, non-infringement of such third party content. We assume no responsibility or liability which may arise from the third party content, including but not limited to claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. That said, we reserve the right to delete or block any communications, posts, content or materials at any time in our sole discretion.
If you observe online activity, engagement or content on our Sites that you believe to be in contravention of the Terms of Service or that causes you concern, please connect with us (see Contact Us section below).
7. Indemnification
You understand and agree that you are personally responsible for your behavior on the Sites. You agree to indemnify, defend and hold harmless Albertan AF, its affiliates and their officers, directors, employees, agents, contractors and licensors from and against all claims, losses, expenses, damages and costs (including reasonable legal fees) resulting from or arising out of your use or misuse the Sites or the Content, or any breach of this Agreement by you.
8. Reservation of our rights
With respect to the provision of Services, we reserve all rights to take the following actions, at any time and without notice or liability to you:
- Modify, add or delete any Terms of Service;
- Modify, add or remove portions of the Sites and Content at any time;
- Alter the pricing of any Service;
- Discontinue or cancel Services (subject to refund policy);
- Offer Services exclusively online;
- Refuse to sell to any person or organization;
- Terminate, block or restrict your access to the Services on account of you breaching this Agreement;
- Delete content that is posted by you that is illegal, harmful, offensive, or contrary to this Agreement
In addition to the foregoing actions, if we determine in our sole discretion that you have breached this Agreement, we shall be entitled to enforce all rights available to us under this Agreement at law and in equity.
9. Governing law
This Agreement is governed by and construed in accordance with the laws of Alberta, and the federal laws of Canada therein, regardless of conflict of laws rules. All disputes relating to or arising out of this Agreement or any related Services will be resolved in the courts of Calgary, Alberta, Canada, and you and Albertan AF consent to the exclusive jurisdiction of those courts.
10. Contact Us
Reach out to us any time with questions or concerns regarding our Services or this Agreement by emailing us at: [email protected].