IT IS IMPORTANT THAT YOU READ ALL OF THE TERMS AND CONDITIONS CAREFULLY.
1. Acceptance of Terms
By accessing and continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Site.
2. Modifications and Notices
FPDI may revise this Agreement, at any time, by updating this posting. FPDI may give notice to our users of such changes to this Agreement by means of a general notice on the Site. Continued use of the Site after such changes are posted will signify your agreement to these revised terms. As a result, you should visit this page periodically to review this Agreement.
Except as otherwise provided in this Agreement, all materials displayed or otherwise accessible on the Site, including without limitation, news articles, guides, checklists, templates, forms, text, photographs, images, illustrations, graphics, icons, videos, and code (collectively, “Materials“) and the selection and arrangement of the contents of the Site are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. FPDI either owns the intellectual property rights, including copyright, or has acquired the necessary rights and/or licences, in the Materials contained in the Site. Portions of the Materials may have been licensed to FPDI and/or published on the Site by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, performance, display or exploitation of the Site or Materials, whether in whole or in part, without the express written permission of FPDI is strictly prohibited.
You agree not to sell or modify the Materials or reproduce, display, distribute, or otherwise use the Materials in any way for any public gain, or in any other manner that is likely to cause confusion among consumers, that dilutes the strength of FPDI’s or its licensors’ property, or that otherwise infringes FPDI’s or its licensors’ intellectual property rights. You further agree to in no other way misuse the Materials. The copying or scraping of the Site to use the Materials on any other application or website is prohibited.
You retain ownership in and to User Content (as that term is defined below) which you submit to FPDI on or through the Site, but you agree to grant FPDI a sub-licensable, fully paid-up, royalty-free, irrevocable licence to use your User Content, for any purpose determined by FPDI, in its sole discretion, and for that purpose, you waive your moral rights in respect of your User Content. FPDI reserves the right to disclose User Content, at any time, as is required to comply with applicable laws, and the right to remove any User Content that is in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to your User Content will be subject to standards of commercial reasonableness. You represent and agree that you will not submit User Content to FPDI, in violation of the rights of any other person. User Content (and FPDI’s use thereof in accordance with this Agreement) shall not knowingly infringe the rights of any third party. You hereby indemnify and hold harmless FPDI, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors, service providers, contractors, suppliers or successors, and their respective successors, legal representatives, heirs and assigns, from any and all liability or loss, including reasonable counsel fees, which it or they suffer in connection with any claim or action by reason of a breach of the foregoing representation and warranty.
4. Limited Licence
Subject to the terms and conditions of this Agreement, you are granted a limited licence to access, view and use the Site, including a limited licence to upload materials to the members’ portal, and to download, print and store single copies of Materials from the Site, for the following uses:
- As a resource for your community as one that is served by FPDI (each of these communities, a “Sub Agreement Holder“), including forms and templates which may be modified by the Sub Agreement Holder for their use as a Sub Agreement Holder;
- To access, use, view or download online training videos or online service tools, such as those relating to the Accountability and Resource Management System, Annual Operation Plan, or other, which may be provided from time to time to assist Sub Agreement Holders with their reporting or other requirements; and
- To use other tools, content, and resources which may be provided through the Site, for the purposes for which they are provided, from time to time;
provided that in all instances you maintain all copyright and other notices contained in such items. Such Materials must not be sold, reproduced, republished, or disseminated in any manner or form without the prior written consent of FPDI.
Persons who are not the legal age of majority under applicable law in the country, province, state or territory in which they live, can only use the Site with the approval of their parent or guardian.
6. Submissions & Interaction with the Site
As permitted by the Site, you may be able to post, transmit, or submit messages, opinions, or other content, including, but not limited to, text, documents, links, photographs, images, illustrations, graphics or multimedia clips, (collectively “User Content“) to our Site, and to interact with FPDI and other users within, or in connection with, the Site (collectively, the “Forums“), to the extent that such functionality is made available on the Site, from time to time. FPDI accepts no responsibility whatsoever in connection with, or arising from, User Content. FPDI does not endorse, and has no control over, the content of User Content which is submitted to the Forums. User Content submitted to the Forums is not necessarily reviewed by FPDI prior to posting and does not necessarily reflect the opinions or policies of FPDI. FPDI makes no warranties, express or implied, as to User Content which may be posted in the Forums, including such content’s accuracy, timeliness and reliability. Nonetheless, FPDI reserves the right to prevent you from submitting User Content to Forums and to edit, restrict or remove such User Content for any reason at any time. FPDI assumes no responsibility for actively monitoring the Forums for inappropriate or outdated User Content. If at any time FPDI chooses, in its sole discretion, to monitor the Forums, FPDI nonetheless assumes no responsibility for the substance of the User Content, no obligation to modify or remove any inappropriate or outdated User Content, and no responsibility for the conduct of the user submitting User Content. In submitting User Content to the Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that FPDI accepts no liability whatsoever if it decides to prevent your User Content from being submitted or posted to the Site or if it edits, restricts or removes your User Content. You also agree to permit any other user of the Site to access, view, store or reproduce your User Content for that other user’s personal use and not to restrict or inhibit the use of the Site by any other person.
While using the Site, you will comply with all applicable laws, rules and regulations. In addition, FPDI expects the users of the Site to respect the rights and dignity of others, and use of the Site is based on the following rules of conduct. You will not:
(a) post, transmit, or otherwise make available any User Content that is or may be (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; (v) an infringement of another person’s privacy by disclosing the personal information of another individual, including without limitation, an individual’s address, phone number or email address without the express consent of the person to whom the personal information relates; or (vi) inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in FPDI’s sole discretion;
(b) post, transmit, or otherwise make available any User Content that may violate the proprietary rights of any third party, including rights protected by copyright, trademark, trade secret, or other proprietary right without the express permission of the owner of such proprietary right. This includes, without limitation, submission of copyrighted text, software, designs, videos, photographs, music, or artwork or any moral rights associated therewith;
(c) use the Site in a manner which will violate, advocate for, solicit, or assist with, the violation of any applicable local, provincial, national or international law, rule or regulation;
(d) use the Site to post, transmit, or otherwise make available any material which would give rise to criminal or civil liability; which encourages conduct that constitutes a criminal offense; or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking, or phreaking;
(e) use the Site to submit User Content that involves, provides, or contributes any false, inaccurate, or misleading information;
(f) impersonate any person or entity, including, but not limited to, any FPDI representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent;
(g) post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, server or telecommunications equipment;
(h) interfere with or disrupt the Site; including, without limitation: (i) accessing content and data that is not intended for you; (ii) attempting to breach or breaching the security and/or authentication measures which are not authorized; (iii) restricting, disrupting or disabling service to users, hosts, servers, or networks; (iv) illicitly reproducing TCP/IP packet header; (v) disrupting network services and otherwise disrupting FPDI’s ability to monitor the Site; (vi) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (vii) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (viii) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (ix) otherwise attempting to interfere with the proper working of the Site; or
(i) post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
Any person who is found or reasonably suspected to have violated the rules of conduct provided above shall be barred from submitting or posting any further User Content on the Site and may be subject to other legal remedies.
7. Username and Password
You may be required, when you use certain features of the Site, to create a username and password. If we determine that the username you have chosen is in use by someone else or it is otherwise offensive, we may refuse to allow you, in our sole discretion, to use your chosen user name. In addition, you are responsible for maintaining the confidentiality of your password and you are responsible for all uses of your username, whether or not you authorize such uses. You agree to notify FPDI of any unauthorized use of your username and password. FPDI is not liable for any loss or damage as a result of your failure to protect your password.
8. User Disputes
You are solely responsible for your interactions with other users of the Site, and specifically on any Forums, as such Forums may be offered from time to time. FPDI reserves the right, but has no obligation, to monitor disputes between you and other users of the Site.
10. Links to Third-Party Materials and Sites
The Site includes links to other Internet sites solely as a convenience to users. FPDI does not endorse any such linked sites or the information, job postings, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, FPDI makes no express or implied warranties with regard to the information, job postings, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, job postings, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.
11. Linking to the FPDI Site
To request permission to link to the Site, please contact email@example.com. FPDI reserves the right to cancel and revoke any permission it may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person.
12. No Warranty / Reliance
THE INFORMATION AND MATERIALS POSTED ON AND ACCESSIBLE THROUGH THE SITE ARE FOR GENERAL INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN YOUR OWN SPECIFIC OR PROFESSIONAL ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION OR INACTION ON THE BASIS OF THE CONTENT ON OUR SITE.
RELIANCE ON ANY INFORMATION PROVIDED BY FPDI, ITS AFFILIATES, CONTRIBUTORS TO, OR OTHER USERS OF THE SITE IS SOLELY AT YOUR OWN RISK, AND NEITHER FPDI, ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS, OR ASSIGNS, AS MAY BE APPLICABLE, HAVE ANY
RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR USE OF THIS SITE.
Access to the Site and the Materials provided on the Site are provided “as is” and without warranties or conditions of any kind either expressed or implied. By accessing and using the Site, you acknowledge and agree that it is entirely at your own risk, and that it is your responsibility to evaluate your own requirements as a Sub Agreement Holder or user of the Site, and to independently determine whether to perform, use or adapt any of the information or content available on or provided via the Site for your particular purposes, including, without limitation, the content or functionality provided in any videos, forms, or templates provided through the Site. Specifically, FPDI makes no representation, warranties or conditions regarding the Site, Materials or User Content, either express or implied, including, without limitation: (i) that the Materials or any User Content provided will be accurate, complete, correct, timely or suitable; (ii) that any services contained on or made available through the Site may be relied upon by you or fit for a particular purpose; (iii) that the Site will be available at all times; or (iv) that the Site will be free from errors, viruses or other harmful components.
FPDI is not responsible for any Materials, User Content or other information on the Site or any linked site that you may find offensive, undesirable or objectionable. Further, FPDI specifically disclaims any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information. To the fullest extent permissible pursuant to applicable law, FPDI disclaims all warranties and conditions, express or implied, including, but not limited to, warranties and conditions regarding use of the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
The security of your information is very important to us. We use physical, electronic, and administrative measures designed to secure any information transmitted to us from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect any information submitted to us, we cannot guarantee the security of information transmitted to, or through, the Site. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on, or in, the Site.
We also cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Site will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Site and your device, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your device, programs, data, or other proprietary material due to your use of the Site or any services or items found or attained through the Site or to your downloading of any material posted on it, or on any site linked to it.
13. Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL FPDI, ITS OFFICERS OR DIRECTORS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS, LEGAL REPRESENTATIVES, HEIRS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, THE SITE, ANY ACCURACY, TIMELINESS, INCOMPLETENESS, OR INCORRECTNESS CONTAINED ON THE MATERIALS DISPLAYED, ACCESSED OR USED ON THE SITE, OR YOUR RELIANCE OR ACTING UPON THE MATERIALS ON THE SITE, INCLUDING ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST EMPLOYMENT OPPORTUNITY, LOST SAVINGS, LOST DATA AND/OF PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT FPDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold FPDI, its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors, service providers, contractors, suppliers or successors, and their respective successors, legal representatives, heirs and assigns harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the law, this Agreement or the rights of another.
Certain words, phrases, names, designs, images, or logos on the Site may constitute trademarks, services marks, or trade names of FPDI or others. The display of such marks on the Site does not imply that you have been granted a license by FPDI or other entities with respect to them. Use of any such marks, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
16. International Matters
Unless otherwise specified, the Materials in the Site are presented solely for the purpose of promoting programs and other services available in Canada and its provinces. We make no representation that the Site, its Materials or User Content on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
17. Monitoring, Enforcement, Suspension and Termination
If you breach any provision of this Agreement, you may no longer use the Site. FPDI may at any time, without provision of notice:
(a) For any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Site, all without liability to you or any other person.
(b) Cease, suspend or interrupt operation of or access to the Site or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall FPDI have any liability for such cessation, suspension or interruption of access.
(c)Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
The failure of FPDI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein, as to the interpretation, validity and effect of this Agreement, notwithstanding any conflict of law provision or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Manitoba in any action or proceeding arising out of or relating to this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement may be assigned by FPDI without restriction.
The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement including, but not limited to, Sections 6, 7, 12, 13, 14, 18, 20 and this Section 19 of this Agreement.
20. Entire Agreement
21. Contact Information
If you have any questions about this Agreement, or the FPDI services generally, please contact us at:
First Peoples Development Inc.
101-1355 Mountain Avenue
Winnipeg, MB R2X 3B6
First Peoples Development Inc. (“FPDI”) owns and operates the website and other services located on www.FPDINC.ca (collectively, the “Site“).