Terms and Conditions
- Matawa First Nations service (the “Service”) and its affiliate sites (the “Sites”) are accessible worldwide to anyone with Internet access. Access to and use of the Service and the Sites are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. Matawa First Nations and its affiliates reserve the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Service and the Sites, you agree in advance to accept any changes.
- The materials used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Matawa First Nations or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Matawa First Nations or the appropriate affiliate.
- The Service and the Sites contain information, facts and opinions from various individuals and organizations. THE SERVICE AND THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER MATAWA FIRST NATIONS NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES.
- The Service and the Sites include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to Matawa First Nations and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless Matawa First Nations, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although Matawa First Nations and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither Matawa First Nations nor its affiliates is under any obligation to do so. You acknowledge that Matawa First Nations and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. Matawa First Nations and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.
- Your use of the Service and the Sites is at your own risk. NEITHER Matawa First Nations, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MATAWA FIRST NATIONS, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
- Any communication or material you post or transmit to the Service and/or the Sites is, and will be treated as, nonconfidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Matawa First Nations and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
- Matawa First Nations and its affiliates do not review or monitor any web sites linked to the Service and the Sites and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk.
- You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
- This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the Province of Ontario.
Terms of Use
The following terms and conditions (“Terms of Use”) govern the relationship between you and Matawa First Nations (“Matawa” or “we” or “us”). By using this website (“Web Site”), you are agreeing to comply with and be legally bound by the terms and conditions as set out in these Terms of Use and the Privacy Policy, and all applicable laws. If these Terms of Use are not acceptable to you, please refrain from using this Web Site. We may update these Terms of Use from time to time and you are responsible for periodically reviewing the most current version on this Web Site. The date of the version of these Terms of Use and Privacy Policy is stated at the top of the page. Your continued use of this Web Site will be deemed your conclusive acceptance of the updated Terms of Use.
Your Authority to Use this Web Site
By using this Web Site, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of this Web Site and its content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with this Web Site or its content, your sole and exclusive remedy is to stop using it.
Rights Granted and Restrictions on Use
The information on the Web Site is protected by copyright. All content on this Web Site, unless otherwise indicated, is copyright 2007-2008 Matawa First Nations. All rights reserved. Matawa First Nations is a trade-mark of the Matawa First Nations. All other brand names, product names and trade-marks are the property of their respective owners. You may display on your computer, download and print the contents of this Web Site for personal or educational, noncommercial purposes provided that you attribute ownership of such content to Matawa First Nations. All copyrighted information on this Web Site (including, but not limited to, images, illustrations, video clips, audio clips, trademarks, reviews, articles, promotional contests and movie schedules) is owned by Matawa First Nations or a third party, as indicated. The information and materials on the Web Site may not otherwise be copied, modified, published, transferred, reposted, reproduced, reused, transmitted, displayed, sold or used for public or commercial purposes, unless provided in these Terms of Use, without the express written permission of Matawa First Nations. Requests for such approval should be directed to info@matawa.on.ca.
Disclaimers
ALTHOUGH THE CONTENT CONTAINED ON THIS WEB SITE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATIONS AND DISCLAIM ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, UNINTERRUPTED SERVICE, FREEDOM FROM COMPUTER VIRUSES, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. INTERNET SERVICES AND LINKS AND CONNECTIONS ARE SUSCEPTIBLE TO TECHNICAL DIFFICULTIES, CRASHES AND DOWN TIME. WE SHALL USE BEST EFFORTS TO MAINTAIN A CONSISTENT LINK WITH THE INTERNET, BUT CANNOT AND DO NOT WARRANT THAT WE SHALL MAINTAIN A CONTINUOUS AND UNINTERRUPTED LINK.
No Damages
YOU AGREE THAT YOU ARE USING THIS WEB SITE AT YOUR OWN RISK AND LIABILITY. WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, MORAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEB SITE (OR A WEB SITE LINKED TO THIS WEB SITE), OR ANY OTHER CAUSE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND EVEN IF CAUSED BY THE NEGLIGENCE OF US, OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS OR SUPPLIERS NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
Links
Matawa First Nations accepts advertising from other organizations. No endorsement by Matawa First Nations is intended or implied by the presence of such advertising. As a convenience to our visitors, this Web Site currently contains links to a number of other websites. Your linking to such websites or pages is at your own risk. The information and content expressed on other websites, as well as any links provided by the resources on this Web Site, are not in Matawa First Nations. Matawa First Nations provides these links merely as a convenience to our Web Site viewers and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such websites.
Violations of Terms of Use
If you breach any of these Terms of Use, you may no longer use this Web Site. Matawa First Nations may, in its sole discretion, cancel or terminate your right to use this Web Site, or any part of this Web Site, at any time without notice. In the event of termination, you are no longer authorized to access this Web Site or the part of this Web Site affected by such cancellation or termination. In such event, the restrictions which these Terms of Use impose on you with respect to this Web Site shall still apply. Matawa First Nations is not liable to any party for such damages arising from such a termination. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use.
Other Countries
This Web Site can be accessed from countries around the world other than Canada and may contain references to Matawa First Nations products, services, and programs that have not been announced in your country. These references do not imply that we intend to announce such products, services or programs in your country. We make no representation that the content on this Web Site is appropriate or available for use in other locations, and accessing this Web Site from territories where its content is prohibited. Those who choose to access this Web Site from other locations do so, on their own initiative and their own risk and are responsible for compliance with local laws.
Laws
These Terms of Use supercede any other agreement, whether oral or in writing, and render any other agreement regarding the terms of use of the Web Site null and void. This Web Site (excluding any linked site) is controlled by Matawa First Nations from its offices within the Province of Ontario, Canada. By accessing this Web Site, you and Matawa First Nations agree that all matters relating to your access to, or use of, this Web Site shall be governed by the statutes and laws of the Province of Ontario, Canada without regard to the conflicts of laws principles thereof. You and Matawa First Nations agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Toronto, Province of Ontario, Canada with respect to any and all matters arising in connection with these Terms of Use. If any provision the Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not effect the validity and enforceability of any remaining provisions. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.