TERMS AND CONDITIONS OF USE FOR TAC FORM TRAINING & DEVELOPMENT INC.

1. Contractual Relationship

These Terms and Conditions of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services made available by TAC FORM TRAINING & DEVELOPMENT INC (“TacForm” or the “Company”), a private limited liability company established in the Province of Alberta, having its offices at 76 Coopers Heights SW, Airdrie AB, T4B 2S1.  

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. 

Your access or use of the Services or Courses (as defined below) means you agree to be bound by these Terms, which establishes a contractual relationship between you and the Company. If you do not agree to these Terms, you may not access or use the Services or Courses. These Terms expressly supersede prior agreements or arrangements between you and the Company. By 

  1. using tacformtraining.com, its subdomains, and related domains (the “Website”) which is owned and operated by the Company;
  2. purchasing any Products or Services from TacForm; or 
  3. utilizing any of the Products or Services from TacForm through the Website or any other means, 

 you are deemed to have agreed to these Terms. The Company reserves the right to modify these Terms at any time. You are responsible for checking these Terms periodically for changes. By using the Website, after the Company posts any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them. With regard to Products and Services purchased or utilized from TacForm, the version of these Terms that were posted at the time of purchase or utilization will apply. Changes will apply to you and form a binding contract upon the Company’s posting of such updated Terms or the updated policies or supplemental terms on the applicable Website, Product or Service. Your continued access or use of the Products or Services after such posting means that you consent to be bound by the Terms, as amended.

TacForm may immediately terminate these Terms or any Products or Services with respect to you, or generally cease offering or deny access to the Products or Services or any portion thereof, at any time for any reason. 

2. The Services and Courses

The services are a web-based technology platform that enables the use of the Company’s informational and educational content through any means including, but not limited to the Website, Course Hosting Platform, courses containing the information and educational content (“Courses”), and mobile applications (the “Services”). The Courses and Services arrange and schedule the delivery of informational and educational content from the Company through Margaret Palmer, or any affiliated third-party under agreement with the Company. Unless otherwise agreed by the Company in a separate written agreement with you, the Courses and Services are made available solely for your personal, non-commercial use. 

Restrictions

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to TacForm that you will not use the Website, Courses, or Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Website, Courses, or Services in any manner which could damage, disable, overburden, or impair the Website, Courses, or Services or interfere with any other party’s use and enjoyment of such. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, Courses or Services.

All content included as part of the Website, Courses, or Services, including, but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, Courses, or Services, is the property of TacForm, its affiliates, or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website, Courses, or Services. The Company’s content is not for resale. Your use of the Website, Courses, or Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of TacForm and the copyright owner. 

You agree that you do not acquire any ownership rights in any protected content. The Company does not grant you any licenses, express or implied, to the intellectual property of TacForm or its licensors except as expressly authorized by these Terms.

3. Your Use of the Website, Courses, and Services

User Accounts

In order to use the Courses or Services, you must register for and maintain an active personal user account (an “Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. 

TacForm does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under the age of eighteen, you may use the Website, Courses, or Services only with permission of a parent or guardian.

Alternatively, by using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.

If you use the Website or any of the associated Courses or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third-party access to your account that results from theft or misappropriation of your account. TacForm and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

International Users

The Website, Courses, and Services are controlled, operated and administered by TacForm from its offices within Canada. If you access the Website from a location outside of Canada, you are responsible for compliance with all local laws. You agree that you will not use the Website, Courses, or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

4. Communication Services

Use of Communication Services

The Website and affiliated may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and 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: 

  1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 
  2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; 
  3. 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; 
  4. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; 
  5. advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; 
  6. conduct or forward surveys, contests, pyramid schemes or chain letters; 
  7. 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; 
  8. 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; 
  9. violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; 
  10. harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
  11. violate any applicable laws or regulations. 

TacForm has no obligation to monitor the Communication Services. However, TacForm reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TacForm reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TacForm 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 the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TacForm does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company 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 TacForm affiliates or spokespersons, and their views do not necessarily reflect those of TacForm.

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 upload the materials.

Electronic Communication

Visiting the Website or sending emails to TacForm constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. 

5. Privacy Policy

Your use of the Website, Courses, and Services is subject to these Terms. Any personal information that you may share with the Company, its employees, owners, or other affiliates is kept absolutely private. Neither your name nor anything about you is sold or shared with any other company or agency. Occasionally, TacForm may contact you to make you aware of upcoming products or specials. However, TacForm does respect your right to privacy and will not send notices if you contact us and ask us not to.

Cookies and Related Technology

The Website’s pages or e-mail messages may contain cookies, web beacons (also known as clear gifs), or similar technologies as they become available. Cookies are information files that the Website may place on your computer to provide extended functionality. The Company may use cookies for a number of purposes, such as tracking usage patterns on the Website, measuring the effectiveness of advertising, limiting multiple responses and registrations, facilitating your ability to navigate the Website and as part of a verification or screening process. Most browsers are initially set up to accept cookies. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions, “Help” screen, or similar such resource to learn more about how to manage cookies and possibly reset your browser to refuse all cookies or to indicate when a cookie is being sent by indicating this in the preferences, options, or similar such menu in your browser. However, it is possible that some parts of this Website will not operate correctly if you disable cookies and you may not be able to take advantage of some of this Website features. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.

TacForm’s web pages may include advertisements for third-parties and their products, and those third-party advertisements may include a cookie or web beacon served by the third-party.  The Company does not control cookies in such third-party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. These Terms do not cover the use of information collected from you by third-party ad servers. These third-party ad servers may use information (not including your name, address, e-mail address or telephone number) about your visits to the Website and other websites in order to provide advertisements on this Website and other websites about goods and services that may be of interest to you.

A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. TacForm may use web beacons to count visitors to the web pages on the Website or to monitor how our users navigate the Website, and the Company may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.  

Commitment to Data Security

While TacForm takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in the Website, Products, Services, and customer databases, no website, Internet transmission, computer system, or wireless connection is completely secure. Consequently, TacForm cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Website, Products, and Services is at your own risk. TacForm urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your Account, and closing your Web browser.

Whenever you give TacForm sensitive or confidential information (e.g., credit card numbers), the Company will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. TacForm employs a security technology known as a secure-socket-layer (SSL) to protect the transmission of payment information to the Website. Unless otherwise specified herein or on the Website where you make a purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes. 

Links to Third-Party Websites and Third-Party Services

Certain services made available through the Website are delivered by third-party websites and organizations. By using any Courses or Services originating from the Website domain, you hereby acknowledge and consent that TacForm may share such information and data with any third-party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of Website users and customers. 

6. Disclaimers; Limitation of Liability and Indemnity

No Professional Advice

The information contained in or made available by the Company, Margaret Palmer, or any third-party through the Website, Courses, or Services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental health, financial, medical, psychological, or legal fields. The Company does not offer any professional, personal, medical, financial or legal advice and none of the information contained in the Courses should be confused as such advice. 

Neither the Company, Margaret Palmer, nor their assigns, contractors or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages to users or their business, including economic loss, that may result from participation in the Courses or from the use of, or the inability to use, the materials, information, or strategies communicated through the Website, Courses, or Services provided pursuant to the Courses, even if advised of the possibility of such damages. 

Under no circumstances, including but not limited to negligence, will the Company or Margaret Palmer be liable for any special or consequential damages that result from any user’s participation in the Courses. To be clear: you, the user, alone are responsible and accountable for your decisions, actions and results, and by your participation in the Courses, you agree not to attempt to hold the Company, Margaret Palmer, or any other affiliates liable for any decisions, actions or results that you make or experience in business or in life due to your participation in the Courses at any time, under any circumstance. 


For Educational and Informational Purposes Only

The Website, Courses, and Services are for educational and informational purposes only.  Any resources made available through the Website, Courses, and Services shall not be understood or construed as legal, financial, tax, medical, health or any other professional advice. 

No Guarantee of Results

You agree that the Company has not made any guarantee about the results of acting on information received on or through the Website, Courses, Services, and Communications Services. You acknowledge responsibility for your success, and further acknowledge that your results, both personally and professionally as they relate to the content and material of the Courses are dependent upon your efforts, your situation, and other circumstances beyond the control of the Company. 

Indemnification

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third-parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to, or arising out of your use of or inability to use, the Website, Products, or Services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. TacForm reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.


7. Payment, Cancellation, and Refunds

If you make a purchase on the Website, TacForm uses a third-party payment processor such as Stripe or Paypal in relation to the purchase. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by TacForm’s Website and related courses and its service providers. 

Cancellation and Refund Policy

TacForm guarantees your satisfaction with our Courses and backs that guarantee with a fourteen-day cancellation/refund promise. If, within fourteen days of purchase, you feel that TacForm has failed to deliver on its promise, TacForm will refund 100% of your money.  Satisfaction is defined as the user’s belief that the Company is delivering on what was promised in promoting the Website, Courses, or Services. 

Your purchase is refundable within fourteen days. The fourteen-day period begins on the day after the purchase and ends at 5:00PM MST on the fourteenth day. Request for cancellations or refunds must be sent before the expiration of the fourteen-day policy. 

Send your cancellation request to [email protected] and enter “Request for Refund” in the subject line. In addition, please include:

  1. a short statement explaining your reason(s) for cancelling and/or what was not working for you

 Please include the following additional information in your email:

  1. your full name;
  2. your phone number; and
  3. the email address you registered with.

After your submission, TacForm’s customer service team will review your cancellation request and will contact you with additional instruction on how to complete the return process. 

A guarantee represents a promise about the quality of services delivered; if a user never experienced the Services or Course (i.e. does not attend or participate), the guarantee shall not apply.  

8. Confidentiality

“Confidential Information” shall mean all information, tangible or intangible, whether disclosed in writing, orally, electronically, or in any other form, which is obtained from or disclosed by the Company to its users, including, but not limited to: 

  1. software programs, intellectual property, data files, source code, system designs including the Website, Courses, and Services;
  2. marketing strategies, product designs, service plans, customer or supplier lists, 
  3. specifications, concepts, reports, procedures, formulas, or methods; 
  4. any materials created by the user through the use of the Company’s confidential information; and
  5. any other information that could be considered Confidential Information of the Company.

 Users hereby understand that the tools, processes, strategies, materials and information presented on the Website, Courses, and Services are confidential, copyrighted, and proprietary to the Company and agrees not to record, duplicate, distribute, teach or train from the Courses materials in any manner whatsoever without the express written permission of the Company. Except as provided in these Terms or otherwise agreed to by the Company in writing, users agree that they shall:

  1. limit disclosure of any Confidential Information to its representatives who have a need to know such Confidential Information in connection with the use of the Website, Courses, and Services, and only for that purpose;
  2. advise its representatives of the proprietary nature of the Confidential Information and of the obligations set forth in these Terms and require such representatives to keep the Confidential Information confidential;
  3. not disclose any Confidential Information received by it to any third-parties (except as otherwise provided for herein); and
  4. be responsible for any breach by its representatives of any of the provisions of these Terms whether or not they have agreed in writing to be bound by such provisions. The user will, at its sole expense, take all reasonable measures to ensure that its representatives do not breach any of the provisions of these Terms.

Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property by you or your representatives is prohibited, and the Company will pursue legal action and full damages if these terms are violated in order to protect its rights. 

9. Governing Law

To the maximum extent permitted by law, these Terms are governed by the laws of the Province of Alberta and you hereby consent to the exclusive jurisdiction and venue of courts in Alberta in all disputes arising out of or relating to the use of the Website, Courses and Services. Use of the Website, Courses and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

10. Entire Agreement 

Unless otherwise specified herein, these Terms constitute the entire agreement between the user and TacForm with respect to the Website, Courses, and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website, Courses, and Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms 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 these Terms and all related documents be written in English. 

11. Sever-ability

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. In these Terms, the words “including” and “include” mean “including, but not limited to.” 

12. General

You may not assign or transfer these Terms in whole or in part without the Company’s prior written approval. You give your approval to the Company for it to assign or transfer these Terms in whole or in part, including to:

  1. a subsidiary or affiliate; 
  2. an acquirer of the Company’s equity, business or assets; or 
  3. a successor by merger. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website, Courses and Services. TacForm’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, Courses and Services or information provided to or gathered by TacForm with respect to such use.  

END OF TERMS AND CONDITIONS