Terms of Use & Privacy Policy Your rights and obligations regarding the use of the this website.

The Assembly of First Nations (AFN) website consists of the material provided under the domain https://www.afn.ca/, subdomains, and social media sites https://twitter.com/AFN_Updates, https://www.facebook.com/AssemblyofFirstNations/, https://www.youtube.com/user/afnposter, https://www.instagram.com/assemblyoffirstnations/, referred to collectively as the “Site”.

Our Terms of Use were last updated on April 18, 2023. Please read these Terms of Use before using our service,

These are the Terms of Use governing the use of this Site and the agreement that operates between You and the AFN. These Terms of Use set out the rights and obligations of all users regarding the use of the Site. Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Site.

All material provided on the Site is intended for informational purposes only and should not be used to replace either official documents (except where the material on the Site is explicitly identified as comprising the official version of a document), nor the advice of a qualified professional.

By accessing, browsing, subscribing to or otherwise using the Site, you agree to comply with and be bound by the Terms of Use and the conditions in this agreement, as amended from time to time. If You disagree with any part of these Terms of Use then You may not access the Site.

Your access to and use of the Site is also conditioned on Your acceptance of and compliance with the Privacy Policy of the AFN. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Site and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Site.

  1. Updates and Amendments

    AFN reserves the right, at our sole discretion, to change, modify, amend, or replace these Terms of Use, or add or remove portions of the Site and any Products and Services, at any time.

    By continuing to access or use the Site after those revisions become effective, you agree to be bound by such changes, modifications, additions or deletions and the revised Terms of Use. The current version of this Agreement will be posted on https://afn.ca/terms-of-use-privacy-policy/ at all times. Please check back frequently to see any updates or changes to this Agreement. Your continued use of the Site following the posting of changes will constitute your agreement to be bound by such changes.

  2. Privacy

    AFN collects personal information through the Site. Web servers automatically collect certain information about a visit to a website, including the visitor’s Internet Protocol (IP) address. Web servers automatically log the IP addresses of visitors to their sites. The IP address, on its own, may not identify an individual. However, in certain circumstances, it could be used to identify an individual using the site.The AFN may also obtain personal information if you give it to us, for example, via one of our online forms, registration for Chiefs’ Assemblies, meeting or answering questionaries.

    Your personal information will only be used for AFN’s internal purposes, for the purposes for which it was collected and for purposes to which you have given your consent. AFN’s collection, use and disclosure of your personal information is governed by itsPrivacy Policy.

  3. Ownership of the Site Content

    Except for public domain material, all content and material on and/or forming part of the Site from time to time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the“Content”), are protected by copyright, trademark and other laws, and are exclusively owned or controlled by AFN or its licensors. All rights not expressly granted to you in this Agreement are reserved. The Site is protected by copyright, trademark, and other laws of both the Canada and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of the Company You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance byAFN, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.

  4. Prohibited Conduct

    Except as expressly provided herein, the Site and the Content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission ofAFN. Prohibited conduct includes, without limitation:

    1. violating any applicable local, provincial, national or international law, statute, ordinance, rule or regulation.
    2. modifying, reverse engineering, decompiling, disassembling the Site, the Content or any part thereof;
    3. renting, leasing, sublicensing or transferring any rights in the Site or the Content;
    4. removing any proprietary notices or labels on the Site or the Content;
    5. using the Site and/or Services to breach any applicable law, including, without limitation, privacy and anti-spam laws;
    6. violating, plagiarizing or infringing on the rights of AFN or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
    7. uploading, posting, transmitting, publishing, or distributing any material or information for which you do not have all necessary rights and licenses;
    8. uploading, posting, transmitting, publishing, or distributing any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website, or that of other computer systems;
    9. uploading, posting, transmitting, publishing or distributing any material or information that is unlawful, give rise to other liability, or otherwise violate applicable law, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable;
    10. any unauthorized use of the Content (including use on any other website or networked computer environment); and
    11. engaging in any conduct which AFN, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to this Agreement, or intentionally interfering with the Site or AFN’s computer systems.
    12. Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.

  5. Disclaimers

    1. Warranties

      THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, AFN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE AND USAGE. THE AFN PROVIDES DOES NOT WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFN DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL AFN BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE.

    2. Linked Sites

      AFN shall have no responsibility or liability to you in connection with third party websites accessible by links posted on the Site (“Linked Sites”). Access to Linked Sites is at your own risk and the AFN is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. AFN provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by AFN.

  6. Limitation of Liability

    In no event whatsoever shall the AFN and its Executives, officers, employees, representatives, agents, licensors and licensees be liable for any damages (including, without limitation, direct, special, indirect, incidental, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use (or inability to use) the Site, the information on or available through this Site, or arising out of any action taken in response to or as a result of any information available on the Site. This limitation applies whether the alleged liability is based on warranty, contract, tort or any other legal theory, and whether or not AFN is advised of the possibility of such damages. You hereby waive any and all claims against AFN and its affiliates, agents, representatives and licensors arising out of your use of the Site and the information available on it. You acknowledge that without these limitations, AFN could not provide access to the Site. Some jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages. Consequently, the above exclusion or limitation may not apply to you. In such jurisdictions, AFNs liability shall be limited to the maximum extent permitted by law.

  7. Indemnity

    You agree to indemnify, defend and hold harmless AFN and its Executives, officers, employees, representatives, agents, licensors and licensees, from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party. AFN reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by AFN.

  8. Termination

    AFN may, in its sole discretion, terminate or suspend your access to all or part of the Site, the Content and/or any Products or Services for any reason, including, without limitation, your breach of the Agreement or transmission of any unsolicited advertising materials.

  9. Submissions

    You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libelous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using the Site or any Service. Transmission of such material shall constitute a material breach of this Agreement. AFN does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by AFN or the administrators of the Site, in their sole discretion. Users remain solely responsible for the content of their submissions.

    By submitting content to any area of the Site, you grant AFN and its affiliates a royalty-free perpetual, irrevocable, transferable, non-exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the licence granted herein. You also authorize any user of the Site to access, display, view, store and reproduce such content for personal use.

  10. Jurisdictional Issues

    Access to the Site, the Content and the Products and Services is not permitted where prohibited by law. If you choose to access this Website and/or use the Products or Services, you do so on your own initiative and are responsible for compliance with applicable laws.

  11. General

    This Agreement and your use of the Site shall be governed and construed by the laws of the Province of Ontario and the federal laws of Canada applicable therein notwithstanding your domicile, residency or physical location. Any dispute arising under this Agreement shall be resolved exclusively by the courts located in the Province of Ontario. You agree not to bring any legal action against AFN in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction.

    If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.

    This Agreement constitutes the entire agreement between you and AFN in connection with your use of the Site.Any failure to insist upon or enforce strict performance of any provisions of this Agreement is not to be construed as a waiver of any provision or right. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and AFN other than that of independent contractors.

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