TERMS AND CONDITIONS OF USE
Please read the following terms and conditions ("Terms") carefully. By using this Web site ("Web site"), you ("You") acknowledge that You have read the Terms and that You accept and will be bound by the Terms, which may be modified by the Canadian Aboriginal AIDS Network (Canadian Aboriginal AIDS Network) from time to time and re-posted on this Web site. If You do not agree to the Terms, You shall immediately cease using the Web site.
INTELLECTUAL PROPERTY RIGHTS
The Web site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, photos, video, graphics, music, and sound. The entire contents of the Web site ("Information") are copyrighted as a collective work under the copyright laws of Canada. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Information, in whole or in part. You may download the Information for Your personal and educational use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of the Information will be permitted without the express permission of the copyright owner. In the event of any permitted copying, redistribution, or publication of the Information, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading information.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. NEITHER Canadian Aboriginal AIDS Network, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, PROVIDED THROUGH THE WEB SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, CIVIL LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
IN NO EVENT WILL Canadian Aboriginal AIDS Network OR ANY PERSON OR ENTITY INVOLVED IN CREATING OR PRODUCING THE WEB SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, EVEN IF Canadian Aboriginal AIDS Network IS ADVISED OR MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL INFORMATION ON THE WEB SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, Canadian Aboriginal AIDS Network, ITS MEMBERS, AND ITS THIRD-PARTY LICENSORS SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, OR PUNITIVE OR CONSEQUENTIAL DAMAGES. NONE OF Canadian Aboriginal AIDS Network, ITS AFFILIATES AND MEMBERS DO NOT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF THE INFORMATION.
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS WITHIN THE WEB SITE DO NOT IMPLY Canadian Aboriginal AIDS Network’S UNQUALIFIED ENDORSEMENT OF SUCH PRODUCTS, SERVICES, OR PUBLICATIONS.
INDEMNIFICATION BY YOU
You hereby agree to defend, indemnify, and hold harmless Canadian Aboriginal AIDS Network, its affiliates and members, and their respective directors, officers, employees, and agents from and against any liability, loss, claim, and expense, including legal fees and disbursements on a solicitor-client basis related to your violation of the Terms or your use of the Web site, including the Information contained herein.
LINKS TO OTHER WEB SITES
The Web site contains links to third-party Web sites. Canadian Aboriginal AIDS Network is not responsible for the content, accuracy, or opinions expressed in such third-party Web sites, and the inclusion of any third-party Web site does not imply the approval or endorsement of such third-party Web-site by Canadian Aboriginal AIDS Network. Furthermore, a link to third-party Web sites should not be construed to mean that Canadian Aboriginal AIDS Network is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to the third-party Web sites.
Canadian Aboriginal AIDS Network is a federally incorporated not-for-profit agency with its head office located at 251 Bank Street Unit 602 Ottawa, Ontario, Canada K2P 1X3. Canadian Aboriginal AIDS Network can also be contacted at 1-888-285-CAAN (2226) or by e-mail at [email protected] For the purposes of the Terms, references to Canadian Aboriginal AIDS Network shall include any affiliates, directors, and employees of the Canadian Aboriginal AIDS Network
Canadian Aboriginal AIDS Network shall have the right at any time to change or discontinue any aspect or feature of the LinkUp Web site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
You agree not to impersonate another person in Your use of the Web site or the sending of any e-mail to an address listed on the Web site.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Web site and all charges related thereto.
Any products, services or publications mentioned in the Web site are made available in accordance with local law.
The Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflict of law principles, and You hereby consent and submit to the jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to the Terms.
To the extent that any portion of the Terms shall be determined to be unenforceable by a court of the Province of Ontario, such portion will be modified by such court to the extent necessary to cause such portion to be enforceable, and the remaining Terms will remain in full force and effect.
Any waiver of any provisions contained in the Terms shall not be deemed to be a waiver of any other right, term, or provision of the Terms.
The Terms constitute the entire agreement between You and the Canadian Aboriginal AIDS Network with respect to the Web site and supersede all previous written or oral agreements between You and Canadian Aboriginal AIDS Network with respect to the Web site.
Last revised: February 23, 2002
© 2002 Canadian Aboriginal AIDS Network. All rights reserved.