Terms of Use
Your use of our
Internet sites or any of the products or services offered on those sites
(collectively, the "Services") is subject to these Terms of Use
(these "Terms"). We may modify these Terms at any time without notice
to you by posting revised Terms on our sites. Your use of our sites constitutes
your binding acceptance of these Terms, including any modifications that we
make.
Some of the Services may be
subject to additional posted conditions. Your use of those Services is subject
to those conditions, which are incorporated into these Terms by reference. In
the event of an inconsistency between these Terms and any additional posted
conditions, the provisions of the additional conditions shall control.
We have the right, but not
the obligation, to take any of the following actions in our sole discretion at
any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any
part of our Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Refuse, move or remove any material that you submit to our sites for any
reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in
your account;
6. Establish general practices and limits concerning use of our sites
You agree that we will not
be liable to you or any third party for taking any of these actions.
You understand and agree
that our Services may include communications such as service announcements and
administrative messages from us or from our partners and that these
communications are considered part of the Services. You will not be able to opt
out of receiving these messages. You also understand that our Services may
include advertisements.
Content On Our Sites
Our sites include a
combination of content that we create, that our partners create and that our
users create. All materials published on our sites, including, but not limited
to, written content, photographs, graphics, images, illustrations, marks,
logos, sound or video clips and flash animation, are protected by our
copyrights or trademarks or those of our partners. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create derivative
works of, distribute, publicly perform, publicly display or in any way exploit
any of the materials or content or our sites in whole or in part.
You are solely responsible
for all materials, whether publicly posted or privately transmitted, that you
upload, post, email, transmit or otherwise make available on our sites
("Your Content"). You certify that you own all intellectual property
rights in Your Content. You hereby grant us, our affiliates, and our partners a
worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to
use, reproduce, create derivative works of, distribute, publicly perform,
publicly display, transfer, transmit, distribute and publish Your Content and
subsequent versions of Your Content for the purposes of (i)
displaying Your Content on our sites, (ii) distributing Your Content, either
electronically or via other media, to users seeking to download or otherwise
acquire it, and/or (iii) storing Your Content in a remote database accessible
by end users, for a charge. This license shall apply to the distribution and
the storage of Your Content in any form, medium, or technology now known or
later developed.
We do not guarantee the
accuracy, integrity or quality of the content on our sites. You may not rely on
any of this content, including, but not limited to, guestbook, online
applications, History information. Without limitation,
we are not responsible for postings by users in the user opinion, message board
or feedback sections of our sites. Our sites also contain information about
products and services offered by third parties, including product
specifications, pricing, availability, performance.
You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks
associated with using that content. We have the right, but not the obligation,
to remove any content that may, in our sole discretion, violate these Terms or
that is otherwise objectionable.
Your correspondence or
related activities with third parties, including payment transactions and goods
delivery transactions, are solely between you and that third party. You agree
that we will not be responsible or liable for any loss or damage of any sort
incurred as the result of any of your transactions with third parties. Any
questions, complaints or claims related to any product or service should be
directed to the appropriate vendor.
Privacy Policy
All of the
information that we collect from you, such as registration for post secondary,
is subject to our privacy policy.
Your Conduct On Our Sites
If we request
registration information from you, you will provide us with true, accurate,
current and complete information. You will promptly update your registration to
keep it accurate, current and complete. If we issue you a password, you may not
reveal it to anyone else. You may not use anyone else's password. You are
responsible for maintaining the confidentiality of your accounts and passwords.
You agree to immediately notify us of any unauthorized use of your passwords or
accounts or any other breach of security. You also agree to exit from your
accounts at the end of each session. We will not be responsible for any loss or
damage that may result if you fail to comply with these requirements.
Without limiting the
foregoing, you agree that you will not use our sites to take any of the
following actions:
1. Defame, abuse, harass, stalk, threaten or otherwise
violate the legal right of others;
2. Publish, post, upload, email, distribute or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar
software or programs that may damage or adversely affect the operation of
another person's computer, our sites, any software or hardware, or
telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose
unless you have our written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising
or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know, cannot be legally
obtained in such manner;
7. 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;
8. Restrict or inhibit any other user from using and enjoying any public area
within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers or networks;
11. Impersonate any person or entity, including, but not limited to, a Salt
River First Nation representative, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
12. Forge headers, manipulate identifiers or other data in order to disguise
the origin of any content transmitted through our sites, or to manipulate your
presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large
load on our infrastructure.
14. Engage in any illegal activities
You agree to use our
bulletin board services, chat areas, news groups, forums, communities and/or
message or communication facilities (collectively, the "Forums"),
only to send and receive messages and material that are proper and related to
that particular Forum.
If you choose a username
that, in our sole discretion, is obscene, indecent, abusive
or which might otherwise subject us to public disparagement or scorn, we
reserve the right, without prior notice to you, to automatically change your
username, delete your posts from our sites, deny you access to our sites, or
any combination of these options.
Unauthorized access to our
sites is a breach of these Terms and a violation of the law. You agree not to
access our sites by any means other than through the interface that is provided
by Salt River First Nation for use in accessing our sites. You agree not use
any automated means, including, without limitation, agents, robots, scripts, or
spiders, to access, monitor or copy any part of our sites except those
automated means that we have approved in advance and in writing.
Use of our sites is subject
to existing laws and legal process. Nothing contained in these Terms shall
limit our right to comply with governmental, court and law enforcement requests
or requirements relating to your use of our sites.
Requests To Remove
Certain Content From Our Sites
If you believe that
content you own has been copied and made accessible in a manner that violates
your intellectual property rights, please contact us and we will review or
remove the material immediately.
Indemnification
You hereby agree to
indemnify, defend and hold Salt River First Nation, and all of our officers,
directors, owners, employees, agents, information providers, affiliates,
partners and licensors (collectively, the "Salt River First Nation Parties") harmless from and against
any and all liability, losses, costs and expenses (including attorneys' fees)
incurred by any Party in connection with any claim
including, but not limited to, claims for defamation, violation of rights of
publicity and/or privacy, copyright infringement or trademark infringement
arising out of:
1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords
by any person, whether or not authorized by you;
3. The content, quality or performance of content that
you submit to our sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or
entity.
We reserve the right, at
our own expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us and you agree to cooperate with our
defense of these claims.
Disclaimers
We disclaim any responsibility for the
deletion, failure to store, mis-delivery, or untimely
delivery of any information or material. We disclaim any responsibility for any
harm resulting from downloading or accessing any information or material on the
Internet using search results from our sites. We disclaim any responsibility
for service outages that are caused by our maintenance on the servers or the
technology that underlies our sites, failures of our service providers
(including telecommunications, hosting and power providers) computer viruses,
natural disasters or other destruction or damage of our facilities, an act of
nature, war, civil disturbance or other cause beyond our reasonable control
WE DO NOT WARRANT THAT OUR SITES
WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY
AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON
AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.
NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i)
OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF OUR SITES WILL BE ACCURATE OR RELIABLE,(iv) ANY ERRORS WILL BE
CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO OUR SITES, ANY CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS OR
PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS
CONTENT.
SOME PROVINCES DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. IN SUCH PROVINCES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Miscellaneous
We may be required
by provincial or federal law to notify you of certain events. You hereby
acknowledge and consent that such notices will be effective upon our posting
them on our sites or delivering them to you through email. You may update your
email address by visiting the contacts page where you have provided contact
information. If you do not provide us with accurate information, we cannot be
held liable if we fail to notify you. You have the right to request that we
provide such notices to you in paper format, and may do so by contacting the
General Counsel, SRFN, PO BOX 960,
Our failure to exercise or
enforce any right or provision of these Terms shall not constitute a waiver of
such right or provision.
You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of our sites or these Terms must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
These Terms, including all
terms, conditions and policies that are incorporated into these terms by
reference, constitute the entire agreement between you and Salt River First
Nation and govern your use of our sites, superseding any prior agreements that
you may have with us.
These Terms shall be
construed in accordance with the laws of the
If any part of these Terms
is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.
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