Terms of Service
IndigenousClimateHub.ca
Welcome to the Website of the IndigenousClimateHub.ca located at https://IndigenousClimateHub.ca (“Website”), owned and operated by Okwaho Equal Source (“we” and “us”). In addition to the Content on the Website and the services provided by Okwaho Equal Source through the Website (“Services”), the Website provides you with various opportunities to submit content and participate in various networking services. BY USING THIS WEBSITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TERMS AND CONDITIONS FROM TIME-TO-TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
Copyright and Ownership and Use
All elements of the Website, including without limitation the general design and the Content, and the Services are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services, the Content, and the Website may be used only for the intended purpose for which the same are being made available. All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by Okwaho Equal Source, or its licensors, vendors, agents, and/or its contributors. Content providers (Partner organizations or individuals) retain ownership of their content. Okwaho Equal Source makes no claim of ownership or claim to the veracity of the content provided by others. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational and non-commercial purposes only. You may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms and Conditions, the use of any such material on any other Website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.
Trademarks
All trademarks, service marks and trade names of Okwaho Equal Source used heron (including, but not limited to, the Okwaho Equal Source name, the Okwaho Equal Source logo, the IndigenousClimateHub.ca name and logo are trademarks or registered trademarks of Okwaho Equal Source. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Okwaho Equal Source trademarks in any way, including on advertising or publicity pertaining to distribution of materials on this Website, without Okwaho Equal Source prior written consent. The use of Okwaho Equal Source trademarks on any other Website or network computer environment is not allowed. Okwaho Equal Source prohibits the use of Okwaho Equal Source as a “hot” link on or to any other Website unless establishment of such a link is approved in advance.
Submission Policy
Where Okwaho Equal Source has specifically invited or requested submissions, Okwaho Equal Source encourages its membership and members of the public, and other contributors to submit user published content or user content (e.g. posting to social media, participation in communities, videos, tips, etc.) to the IndigenousClimateHub.ca that they have created for consideration in connection with the Website and any related programs and broadcasts (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting content, you expressly grant Okwaho Equal Source a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe.
Inappropriate Materials and Submissions
You are prohibited from posting or submitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender’s agents to civil and criminal penalties. Okwaho Equal Source will reject any submissions or postings in which Okwaho Equal Source believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, Okwaho Equal Source reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from the Website. You further understand and agree that sending unsolicited e-mail advertisements to the Website or any user of the Website or through voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Third-Party Links
From time-to-time, this Website may contain links to Websites that are not owned, operated or controlled by Okwaho Equal Source. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other Website, nor any products or services that you buy from that Website or any donations made through that Website. We do not endorse, guarantee or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the products or services that you may obtain from using any other Websites or how any donations you make through such Websites will be used. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.
Framing this Website
Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
Account Registration and Security
You understand that you may need to create an account to have access to all of the parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as promoted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Okwaho Equal Source has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the Services and Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account, so you should take reasonable steps to protect this information. Furthermore, by creating an account on the Website, you agree that we may periodically communicate with you, using the contact information you included in the Registration Data, in connection with your proposed or continued participation in our service network. This communication may include, without limitation, (i) giving you notices of and invitations to attend and/or present at conferences and meetings and (ii) soliciting feedback regarding and discussing with you your goals, current and proposed services, program materials, testimonials, partners, sponsors, advisors and other subjects relevant to us. You may revoke the permission granted by the foregoing at any time by notifying us in writing at [email protected].
Website Security
Okwaho Equal Source, the parent company of the IndigenousClimateHub.ca, has made every effort to protect your information on the IndigenousClimateHub.ca using the best web security available. However, no website can guarantee 100% protection and it is at the member’s discretion to use the IndigenousClimateHub.ca. Okwaho Equal Source and the IndigenousClimateHub.ca are not liable if the website gets hacked or compromised.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Website.
Force Majeure
Neither Okwaho Equal Source nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Disclaimers
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. OKWAHO EQUAL SOURCE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND OKWAHO EQUAL SOURCE DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability
Okwaho Equal Source does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. IN NO EVENT WILL OKWAHO EQUAL SOURCE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, VOLUNTEERS, AGENTS, SUCCESSORS, AFFILIATES OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT OKWAHO EQUAL SOURCE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN NO EVENT SHALL OKWAHO EQUAL SOURCE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).
Indemnity
You agree to defend, indemnify and hold Okwaho Equal Source harmless from any and all liabilities, costs, and expenses, including reasonable attorney’s fees, related to or in connection with (a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of Canada or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to Okwaho Equal Source; or (f) any other party’s access to and use of the Website with your unique username, password or other appropriate security code.
Release
In the event that you have a dispute with one or more other users of the Website, including Okwaho Equal Source, you release Okwaho Equal Source (and our officers, directors, agents, subsidiaries, joint ventures, volunteers, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Termination
You or we may suspend or terminate your account or you use of this Website at any time, for any reason or for no reasons. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
General
Any claim relating to, and the use of, this Website and the materials contained herein is governed by Canadian provincial and federal laws. You consent to the exclusive jurisdiction of the provincial and federal courts located in the City of Belleville, in the province of Ontario. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based on or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Okwaho Equal Source in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. 8 (Access and Interference), 11 (Limitations of Liability), 12 (Indemnity), and 13 (Release) shall survive any termination or expiration of these Terms and Conditions. Entire Agreement These Terms and Conditions are the entire agreement between the user and Okwaho Equal Source and supersede any prior understandings or agreements (written or oral).
Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at [email protected].
Copyright Notice
All Website content, graphics, text selections, arrangements and all software are unless other stated – ALL RIGHTS RESERVED.
Posting Terms & Conditions
The blogs, network and other platforms on the IndigenousClimateHub.ca allows communities, organizations and individuals to post submissions. Okwaho Equal Source does not endorse these entities and makes no representations, warranties or guarantees as to, and assumes no responsibility for, the content of their postings provided by them. Okwaho Equal Source expressly disclaims all liability for damages of any kind related to postings. Okwaho Equal Source offers its members electronic online posting of events, opportunities, etc., by outside third-party communities, organizations and/or individuals. These services are offered at the sole discretion of Okwaho Equal Source, and are further subject to the following Terms & Conditions:
Submissions Moderated
All submissions of postings are subject to review by Okwaho Equal Source.
Submissions Subject to Review
Okwaho Equal Source reserves the right to reject, or decline any posting, or remove any posting, at any time, for any reason. Okwaho Equal Source further reserves the right to review and edit, at its discretion, any posting, as Okwaho Equal Source may deem necessary from time-to-time, for length, clarity, legal, technical or any other reason.
Errors & Omissions
Okwaho Equal Source accepts no responsibility for errors, omissions or other technical issues related to any posting which result from the original content or information submitted.
Content Liability
Okwaho Equal Source accepts no responsibility or liability for the information or content displayed online in any posting.
Disruption to Services
While Okwaho Equal Source will make every reasonable, good-faith effort to deliver posting services as outlined to users, Okwaho Equal Source accepts no responsibility for delays, technical failures, or other disruptions which may occur from time-to-time due to circumstances beyond the reasonable control of Okwaho Equal Source.
Privacy
Okwaho Equal Source respects the privacy of posting services users, and will make all reasonable, good-faith efforts to protect private or personal information provided to Okwaho Equal Source. Okwaho Equal Source does not sell, share, or otherwise disclose private or personal information provided to Okwaho Equal Source.
Limitation of Liability
IN NO EVENT SHALL OKWAHO EQUAL SOURCE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO PRODUCTS, SALES OR SERVICES EVEN IF OKWAHO EQUAL SOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NOT EVENT SHALL THE LIABILITY OF OKWAHO EQUAL SOURCE REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. YOU ACKNOWLEDGE THT THE AMOUNTS PAYABLE FOR PRODUCTS AND SERVICES ARE BASED IN PART ON THESE LIMITATIONS, AND YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Dispute Resolution
Limitation on Actions. Any controversy or claim arising out of or relating to any Okwaho Equal Source Product or Services (a “Dispute”) shall be settled by arbitration under the rules provided by the Canadian Arbitration Association (CAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Belleville, Ontario, and the laws of the Province of Ontario shall apply thereto, without regard to any conflict of law’s provisions. Judgement on an award rendered by an arbitrator may be entered in any provincial or federal court within or without the Province of Ontario. Any Dispute with respect to Okwaho Equal Source must be instituted within one (1) year from the date of purchase or provision.
