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Terms and Conditions Effective Date: August 14, 2024 Last Updated: November 29, 2025 Agreement to Terms Welcome to Driving Hero Academy ("we," "us," "our," or "Company"). These Terms and Conditions ("Terms") govern your access to and use of drivinghero.ca and drivinghero.com (collectively, the "Website") and our online defensive driving programs and services (the "Services"). By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Website or Services. Contact Information: Driving Hero Academy Alberta, Canada Email: contact@drivinghero.ca Eligibility and Account Registration Age Requirements To create an account and use our Services, you must meet the following age requirements: 16 years or older: May create an account without parental consent 13-15 years old: (the minimum age for a learner's permit in your jurisdiction, will apply): May create an account with verifiable parental or legal guardian consent Under 13 years: May not create an account or use our Services By creating an account, you represent and warrant that you meet these age requirements and that all information you provide is accurate and complete. Account Responsibilities You are responsible for: Maintaining the confidentiality of your account credentials All activities that occur under your account Notifying us immediately of any unauthorized use of your account Ensuring your account information remains accurate and up-to-date Services Overview Driving Hero Academy provides online defensive driving education programs, including: Parent-Guided New Driver Training Program: A comprehensive program designed for teaching new drivers Experienced Driver Training Program: Advanced defensive driving training for experienced and commercial drivers Assessments: Including the Driving Coach Readiness Assessment and Experienced Driver Risk Assessment Educational Content: Video lessons, instructional materials, and supplementary resources Important Disclaimers and Limitations of Liability Educational Purpose Only Our Services are provided for educational purposes only. Our programs are designed to teach advanced defensive driving techniques and skills that, when applied properly, regularly and consistently in their entirety, can reduce crash risk to as low as 10%. However, this outcome is entirely dependent on the user's complete, regular, and consistent application of all the tactics and strategies we teach. We make no guarantees regarding the prevention of accidents, collisions, or traffic violations, as we cannot control how thoroughly or consistently any individual user will implement our instruction. User Responsibility and Assumption of Risk BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: 1. Application of Training: The effectiveness of our defensive driving systems and parent-guided programs depends entirely on how well and how completely you apply what we teach. We cannot control or guarantee the extent to which any user will implement our instruction. 2. Personal Responsibility: You assume full responsibility for any crashes, collisions, accidents, or traffic violations you are involved in, regardless of whether you have completed our programs. This includes incidents that may result from: Not following our systems or guidance Incomplete application of our teaching Failure to properly implement defensive driving techniques Any other factors related to your driving behaviour 3. New Driver Training Outcomes: For users of our parent-guided new driver program, success or failure in remaining collision-free depends on multiple factors including: The new driver's personal application of the systems we teach The competence and quality of instruction provided by the driving coach (parent or guardian) The driving coach's judgment in determining when the new driver is ready to progress to each subsequent stage The new driver's individual skill level, maturity, and decision-making abilities Environmental factors and circumstances beyond our control 4. Traffic Laws: You are solely responsible for knowing, understanding, and complying with all traffic laws, regulations, and requirements in your jurisdiction. Traffic laws vary by location, and it is your responsibility to ensure compliance with the laws applicable to where you live and drive. 5. Driving Coach Responsibility: If you are serving as a driving coach for a new driver, you acknowledge that you are responsible for assessing the learner's readiness to progress through the program and to operate a vehicle independently. Release of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIVING HERO ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL BE HELD BLAMELESS AND ARE NOT LIABLE FOR: Any accidents, collisions, injuries, property damage, or death resulting from your operation of a motor vehicle Any consequences resulting from your failure to properly apply our training Any decisions made by driving coaches regarding a learner's progression through the program Any violations of traffic laws or regulations Any indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of our Services You release and forever discharge Driving Hero Academy from any and all claims, demands, liabilities, actions, or causes of action related to accidents, injuries, or damages that may occur while driving, whether during training or at any time thereafter. No Warranty of Results We make no warranties or representations that completion of our programs will: Prevent accidents or collisions Guarantee safe driving outcomes Result in lower insurance rates Ensure passing of any driving tests or examinations Produce any specific result or outcome Intellectual Property Rights Our Content All content on our Website and within our Services, including but not limited to: Video lessons and instructional materials Text, graphics, images, and audio Software, code, and technology Course curriculum and methodology Assessment tools and frameworks Logos, trademarks, and branding The "Driving Hero Academy" name and all related marks are owned by or licensed to Driving Hero Academy and are protected by copyright, trademark, and other intellectual property laws. Prohibited Use of Content ALL RIGHTS ARE RESERVED. YOU MAY NOT, UNDER ANY CIRCUMSTANCES: Reproduce, duplicate, copy, or replicate any portion of our content Distribute, redistribute, sell, resell, or commercially exploit our materials Create derivative works based on our content Download or store content except as necessary for your personal use of the Services Remove or alter any copyright, trademark, or proprietary notices Use our content to train, teach, or instruct others outside of the intended program structure Share your account access or login credentials with others Record, screenshot, or capture our video content for any purpose Reverse engineer, decompile, or disassemble any aspect of our Services Violation of these intellectual property rights may result in immediate termination of your account and legal action. Limited License We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for your personal, non-commercial use in accordance with these Terms. This license does not include any right to reproduce, distribute, or create derivative works. Payment and Fees Pricing Current pricing for our Services is displayed on our Website. We reserve the right to change our prices at any time, but price changes will not affect existing purchases. Payment Processing Payments are processed securely through PayPal. You agree to provide accurate and complete payment information and to pay all fees and charges associated with your purchase. Taxes You are responsible for any applicable taxes related to your purchase, except for taxes based on our net income. Refund Policy New Driver Parent-Guided Program and Experienced Driver Program We stand behind the quality of our programs and offer the following refund guarantees: 30-Day Money-Back Guarantee: If you determine the program does not live up to its reputation within 30 days of beginning your program, we will provide a 100% refund. Refund requests must be submitted in writing to contact@drivinghero.ca with a brief explanation Refund Processing: Approved refunds will be processed within 14 business days Refunds will be issued to the original payment method Upon receiving a refund, your access to the program will be terminated Program Access and Completion Access Duration You will have access to your purchased program for as long as you are actively working through it. Our programs are designed to be self-paced, allowing you to complete lessons at a speed that suits your learning style and schedule. Lesson Progression Lessons are delivered progressively as you complete each stage. You must complete prerequisite lessons before accessing subsequent content. This ensures proper skill development and understanding. No Time Limit There is no fixed deadline for program completion. You may take as long as you need to work through the material, provided you remain in compliance with these Terms. Access Termination Your access to the program will end when you: Complete the entire program Request and receive a refund Violate these Terms, resulting in account termination Request account deletion Prohibited Conduct You agree not to: Violate any applicable laws or regulations Infringe upon the rights of others Transmit any viruses, malware, or harmful code Attempt to gain unauthorized access to our systems Interfere with or disrupt the Services Use the Services for any unlawful or fraudulent purpose Harass, abuse, or harm other users or our staff Impersonate any person or entity Share or sell access to your account Use automated systems (bots, scrapers) to access the Services Post or transmit any inappropriate, offensive, or illegal content Account Termination Termination by You You may terminate your account at any time by contacting us at contact@drivinghero.ca. Upon termination, you will lose access to all Services, and any applicable refund policy will apply. Termination by Us We reserve the right to suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to: Violation of these Terms Non-payment of fees Misuse of the Services or our content Fraudulent activity Violation of intellectual property rights Abusive or inappropriate behavior toward staff or other users Any conduct that we determine, in our sole discretion, is harmful to our business, other users, or third parties Upon termination by us for violation of these Terms, you will not be eligible for any refund. Modifications to Services and Terms Changes to Services We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. Changes to Terms We may update these Terms from time to time. When we make material changes, we will: Post the updated Terms on our Website with a new "Last Updated" date Notify you via email or through the Services Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services. Privacy Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information. Third-Party Services Our Services utilize third-party platforms including Score App, Jotform, AuthPro, Google Analytics, Vimeo, and PayPal. Your use of these services is subject to their respective terms and conditions and privacy policies. We are not responsible for the practices or content of these third-party services. Disclaimers TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: The Services will meet your requirements or expectations The Services will be uninterrupted, timely, secure, or error-free The results obtained from using the Services will be accurate or reliable Any errors in the Services will be corrected You acknowledge that your use of the Services is at your sole risk. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIVING HERO ACADEMY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR: Any indirect, incidental, special, consequential, punitive, or exemplary damages Loss of profits, revenue, data, use, goodwill, or other intangible losses Damages resulting from your use or inability to use the Services Unauthorized access to or alteration of your data Statements or conduct of any third party on the Services Any other matter relating to the Services IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 CAD, WHICHEVER IS GREATER. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law. Indemnification You agree to defend, indemnify, and hold harmless Driving Hero Academy and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: Your use of the Services Your violation of these Terms Your violation of any rights of another person or entity Your operation of a motor vehicle Any content you submit or transmit through the Services Governing Law and Dispute Resolution Governing Law These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. Jurisdiction You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts located in Alberta, Canada, and you consent to the personal jurisdiction of such courts. Dispute Resolution Before filing any legal action, you agree to first contact us at contact@drivinghero.ca to attempt to resolve the dispute informally. We will work in good faith to resolve any disputes. Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable. Waiver Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Driving Hero Academy. Entire Agreement These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Driving Hero Academy regarding the Services and supersede all prior agreements and understandings. Contact Us If you have any questions, concerns, or disputes regarding these Terms, please contact us: Email: contact@drivinghero.ca --- By using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
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