Terms Of Use

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.  

3. Ownership 

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. 

5. Children 

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. 

9. Privacy 

FPDI respects privacy. By using the Site, you consent to your personal information being collected, used,  and disclosed in accordance with our Privacy Policy, found at www.wordpress-703383-2327898.cloudwaysapps.com, as we deem necessary for  use of the Site, or for any other purposes that are set out in our Privacy Policy, or required or permitted  by law. 

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 inquire@fpdinc.ca. 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. 

14. Indemnity 

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. 

15. Trademarks 

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. 

18. Miscellaneous 

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. 

19. Survival 

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 

These Terms of Use and any agreements which are expressly referenced in these Terms of Use, including  our Privacy Policy, constitute the sole and entire agreement between you and FPDI regarding your use  of the Site and supersede all prior and contemporaneous understandings, agreements, representations  and warranties, both written and oral, regarding such subject matter. 

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  
Enquire@fpdinc.ca