Web site Terms and Conditions of Use

Welcome to the FNMHF Web site, operated by the First Nations Market Housing Fund (“FNMHF”). The Web site provides data and information about the FNMHF and its activities ("Content"), as well as services provided by the FNMHF ("Services"). The Web site, the Content and the Services are provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms and Conditions"). BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

The Web site is open to visitors. However, to access certain areas of the Web site, we may require you to register with us. Registration is free and allows you to access other Services not available to visitors. By registering (and clicking on the "I Accept" button provided with the registration form), you certify that the information you provide in the registration form is accurate. If you do not wish to register as a member click on the "I Do Not Agree" icon provided with the registration form. Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in the Privacy Policy.

New Services and New Terms

Whenever new information or services are introduced on the Web site as part of the Services, your use of such Services will be subject to these Terms and Conditions unless FNMHF notifies you otherwise. FNMHF reserves the right to change the terms and conditions of use at any time. Access or use after such changes indicates your acceptance of these modified terms and conditions. You agree to review the terms and conditions of use regularly.

Advice or opinions are not provided

The Content is for information purposes only. It is not intended for the Content to be relied upon as professional or expert advice or opinions. You should seek professional advice, opinions and recommendations before acting or omitting to act based on any Content found on or through this Web site.

DISCLAIMER

THIS WEB SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER FNMHF OR ANY OF ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THIS WEB SITE OR THE SERVICES, OR THE ACCURACY, COMPLETENESS, QUALITY, CURRENCY OR TIMELINESS OF THE WEB SITE, THE CONTENT OR THE SERVICES OR THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, DEVICES OR COMPONENTS. USE OF THIS WEB SITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, FNMHF AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FNMHF OR ITS SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUSINESS LOSSES, LOST SAVINGS, LOST DATA, LOSS OF USE, LOST PROFITS, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING FROM OR RELATING TO YOUR USE, RELIANCE UPON OR INABILITY TO USE THE WEB SITE, THE CONTENT AND/OR THE SERVICES, WHETHER OR NOT FNMHF OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR IF YOU TRANSFER CONFIDENTIAL OR SENSITIVE INFORMATION TO FNMHF OR IF FNMHF COMMUNICATES SUCH INFORMATION TO YOU AT YOUR REQUEST OVER THE INTERNET.

Permitted Use

You agree that you are only authorized to access and view the Web site and the Content and make use of the Services solely for your own personal, non-commercial use and benefit and not for the benefit of any other person or entity, unless FNMHF grants you prior, express written authorization for another specific use. You further agree that it is only where permission is specifically and expressly accorded on the Web site pages or items comprising the Content or Services that you may retain a single copy of those pages of the Web site or items comprising the Content or Services for your personal and non-commercial use, provided that you maintain all copyright and all other notices contained therein and that you do not modify all or any portion of those pages or items. You are permitted to retain a copy of the Web site Terms and Conditions of Use.

Prohibited Use

You agree that you shall not use the Web site or the Content for any commercial purpose or benefit, unless FNMHF grants you prior, express written authorization for such specific use. The foregoing prohibition expressly includes, but is not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Web site, in any manner or in any quantities not authorized by FNMHF. You agree that you will not frame the Web site or the Content or any part thereof on any commercial or non-commercial internet Web site. Any special terms and conditions for use of certain Content or Services provided on the Web site and included elsewhere on the Web site are incorporated into, and become part of, these Terms and Conditions. No rights or licenses are granted to you regarding the Web site, the Content or the Services, except the limited right to use the Web site, the Content and the Services in accordance with these Terms and Conditions. No reproduction, duplication, posting, downloading, uploading, retransmission, distribution, sale, modification, translation, republication of the Web site, the Content or the Services or the creation of a derivative work based on the Web site, the Content or the Services is permitted without the prior express written consent of FNMHF. You may not use any meta tags or any other "hidden text" using FNMHF's domain name, name, trade-marks or official marks without FNMHF's prior express written consent. Any exploitation of the Web site, the Content or the Services including, without limitation, reverse engineering, decompilation and disassembly is strictly prohibited. You agree that you will not use this Web site for any purpose that is unlawful.

Ownership

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Web site, in the Content or with the Services may constitute trademarks or trade names of FNMHF or its suppliers (including licensors). The Web site, the Content and the Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions.

Some or parts of the Content of the Web site may be used by FNMHF under permission of its suppliers (including licensors). All Content and Services of the Web site, and the trademarks or trade names displayed on the Web site are owned by and shall remain with FNMHF and/or its suppliers (including licensors), as applicable. Nothing contained in these Terms and Conditions or on the Web site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trade-marks, trade-names, copyright or other intellectual property rights of FNMHF or its suppliers (including licensors). Any unauthorized use of the Web site, the Content or the Services or the trade-marks, trade names, copyright or other intellectual property rights of FNMHF or its suppliers (including licensors) is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.

Hyperlinks

This Web site may contain links to third party Web sites. FNMHF does not endorse the content contained in any third party Web site. FNMHF does not make any representation, warranty or condition, express, implied or statutory of any kind regarding any third party Web site, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any content on a third party Web site. FNMHF does not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party Web sites. Nor does FNMHF make any representation, warranty or condition, express, implied or statutory that the operation of any third party Web site will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party Web site is not under FNMHF control and if you choose to access any third party Web site, you do so entirely at your own risk.

Privacy

To review the FNMHFprivacy policy that applies to this Web site please click on the following link. The FNMHF privacy policy applies to your use of this Web site. By accessing and using this Web site, you are consenting to the collection, use and disclosure of your personal information in accordance with the FNMHF privacy policy. You acknowledge having read the FNMHF privacy policy.

Content Provided by User

By sending electronic mail, messages, content or information to FNMHF you hereby grant to FNMHF a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt, display, incorporate into other works or otherwise use the information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favour of FNMHF all moral rights in the electronic mail, message, content or information. By submitting or sending electronic mail, messages, content or information to FNMHF you represent and warrant that you have the full right and authority to do so and that any use by FNMHF of the electronic mail, message, content or information will not violate the intellectual property rights of any person.

Prohibitions on User Information

You will not: (a) transmit, upload, post or otherwise make available any information or materials that (i) constitutes or encourages conduct, that would constitute a criminal offence or give rise to civil liability; (ii) is protected by copyright, trade-mark or other proprietary right without the express permission of the owner of the copyright, trade-mark or other proprietary right; (iii) is libellous, slanderous, defamatory, harassing, threatening or is otherwise injurious to a third parties; (iv) is hateful, bigoted or racially offensive; or (v) is vulgar, obscene, discourteous, indecent or pornographic; (b) interfere with other users’ use of the Web site or the Services, including, without limiting the generality of the foregoing, disrupting the normal flow of communication in a discussion group; (c) post, upload or transmit materials that contain a virus, disabling devices or other code that manifests contaminating or destructive properties; (d) post, upload or transmit materials for advertising or commercial solicitation; (e)  post, upload or transmit materials that do not generally pertain to the designated topic of discussion; or (f) otherwise use the Website or the Services in a manner which would serve to restrict or inhibit any other user from enjoying the Website or the Services.

Indemnification

You agree that your use of the Web site, the Content and the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against FNMHF and/or its suppliers. You agree, at your own expense, to indemnify and hold FNMHF and its suppliers, and its and their respective directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against any of them by a third party as a result of your breach of these Terms and Conditions.

Governing Law and Jurisdiction

All matters relating to your access to or use of the Web site or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, notwithstanding conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Web site.

Termination

FNMHF may at its sole and absolute discretion cancel or terminate your right to use this Web site or any part of the Web site at any time, without notice or liability to you or any other person. In the event of termination, the terms and conditions of use shall continue to apply and be binding upon you with respect of your prior use of the Web site and of the Content.

Waiver/Severance

The failure by FNMHF to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other Terms and Conditions will continue to have full force and effect.

Contests

FNMHF, at various times, may have contests which are open to users of the Web site and others. All contests are governed by these Terms and Conditions and the applicable contest rules. Each time you participate in a contest through this Web site you agree and accept to be bound by these Terms and Conditions and the applicable contest rules.

Copyright Notice

© All rights reserved. Used by FNMHF under permission. For questions about the Terms and Conditions, please contact:

First Nations Market Housing Fund
700 Montreal Road
Ottawa, ON
K1A 0P7
Tel.: 1-866-582-2808
Fax: 1-613-740-9932
info@fnmhf.ca