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TERMS AND CONDITIONS OF USE
IT IS ADVISED THAT YOU READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
WEB SITE TERMS:
Throughout this document, the Terms and Conditions of Use shall be referred hereinafter as the “Agreement.” The terms "You" and "User" are used to refer to all individuals and/or entities accessing or using this Web Site for any reason. The term “Web Site” refers to the Shop Kahnawake site, which is located at http://www.shopkahnawake.com/ The term “Tewatohnhi’saktha” or “We” means Tewatohnhi’saktha, its officers, directors, employees, agents and assigns. The term “Material” includes, but is not limited to, the following: text, graphics, images, logos, button icons, software and other information found on the Web Site. The term “Kahnawake Business” includes but is not limited to all Mohawk owned and operated business enterprises within the Mohawk Territory of Kahnawake.
GENERAL INFORMATION ON TERMS AND CONDITIONS OF USE:
This is the official Web Site of Shop Kahnawake. Shopkahnawake.com is the business portal for the Mohawk community of Kahnawake. It is sponsored by the Small Business Services division of Tewatohnhi’saktha, the Kahnawake Economic Development Commission. This Web Site is intended to provide on-line information to Kahnawake residents, business people, stakeholders and potential customers and tourists. The Web Site is the exclusive property of Tewatohnhi’saktha and is regularly updated by Tewatohnhi’saktha or its agents.
This page sets forth the Agreement under which you may use the Shop Kahnawake Web Site. Please read this page carefully. If you do not accept this Agreement as stated herein, please do not access or use this Web Site. By accessing or using this Web Site, you are agreeing to the rules contained herein.
Except as expressly provided in additional terms of use for specific areas of the Web Site this Agreement constitutes the entire agreement between You and Tewatohnhi’saktha with respect to the use of Web Site. No changes to this Agreement shall be made except by a revised posting on this page.
REVISION OF TERMS AND CONDITIONS OF USE:
Tewatohnhi’saktha may revise this Agreement at any time by updating this posting. Use of the Web Site after such changes are posted will signify your acceptance of any changes made to this Agreement. It is advised that since this Agreement is applicable to you when accessing or using this Web Site that you visit this page periodically to review the Agreement. Please visit this page frequently to further review this Agreement.
USE OF MATERIAL:
Tewatohnhi’saktha authorizes you to view and download a single copy of the material on this Web Site solely for reference and informational purposes.
INTELLECTUTAL PROPERTY RIGHTS:
The Material is the property of either Tewatohnhi’saktha or, in some instances, of Kahnawake Businesses. The contents of this Web Site are protected under all intellectual property and civil laws. The Web Site compilation (meaning the collection, arrangement and assembly) of all the content on this Web Site is the exclusive property of Tewatohnhi’saktha and protected by all applicable intellectual property laws. Unauthorized use of the Material may violate this Agreement and all applicable intellectual property laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained or referred to in the Material on any copy you make of the Material.
You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose or any other Web Site or in a networked computer environment for any purpose without the prior express written permission of Tewatohnhi’saktha.
You shall not copy or adapt the HTML or any other type of coding that Tewatohnhi’saktha uses to create or to generate any part of the Web Site. The Coding is also protected by intellectual property laws.
ACCEPTABLE SITE USE:
Users may not use the Web Site in order to transmit, distribute, store or destroy any information or material that:
(a) is in violation of this Agreement,
(b) is in violation of any applicable law or regulation,
(c) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
(d) that is defamatory, obscene, threatening, abusive or hateful.
WEB SITE SECURITY RULES:
Users are prohibited from violating or attempting to violate the security of the Web Site, including, but not limited to:
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mail-bombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in legal action being taken, in particular civil liability or criminal prosecution. Tewatohnhi’saktha will investigate potential violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
SPECIFIC PROHIBITED USES:
Individuals seeking easily accessible information on the products, services and tourist attractions available in Kahnawake may use the Web Site only for lawful purposes.
Tewatohnhi’saktha specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
1) Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
2) Taking any action which imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.
3) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including but not limited to: spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from Tewatohnhi’saktha on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
4) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
5) Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
6) Framing of or linking to any of the materials or information available from the Web Site.
LIMITATION OF TEWATOHNHI’SAKTHA’S LIABILITY:
This Web Site is only a business portal for the Mohawk community of Kahnawake, sponsored by the Small Business Services division of Tewatohnhi’saktha, Kahnawake’s Economic Development Commission. Tewatohnhi’saktha has no control over the quality, safety or legality of the products and services available. Neither does Tewatohnhi’saktha have any control over the truth or accuracy of any information of a Kahnawake Business listed on the Web Site.
Tewatohnhi’saktha is under no legal obligation to, and generally does not, control the information provided by Kahnawake Businesses that are made available through the Web Site. We expect that you will use caution and common sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. Tewatohnhi’saktha makes no representations about the accuracy, reliability, completeness or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITES OR ANY CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THIS WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
IN NO EVENT SHALL TEWATOHNHI’SAKTHA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEWATOHNHI’SAKTHA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS INCLUDES, BUT IS NOT LIMITED TO: INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LEGAL EXPENSES OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
DISCLAIMER OF WARRANTIES:
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. USE AT YOUR OWN RISK. IN PARTICULAR, TEWATOHNHI’SAKTHA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TEWATOHNHI’SAKTHA IS NOT RESPONSIBLE FOR THOSE COSTS.
TEWATOHNHI’SAKTHA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEWATOHNHI’SAKTHA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
LINKS TO OTHER WEB SITES:
The Web Site contains links to third party web sites. These links are provided for informational and convenience purposes only and is not to be considered as an endorsement by Tewatohnhi’saktha. Tewatohnhi’saktha is not responsible for the content of linked third-party web sites and does not make any representations or warranties regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.
You agree not to resell or assign your rights or obligations under this Agreement. You also agree not to make any unauthorized commercial use of the Web Site.
INDEMNITY:
You agree to indemnify and hold harmless Tewatohnhi’saktha, its officers, directors, employees, agents and assigns from and against any and all claims, actions or demands.
This includes, but is not limited to: reasonable legal and accounting fees (judicial and extra-judicial), demands, liabilities, costs or expenses, alleging or resulting from your use of the Material or your breach of this Agreement. Tewatohnhi’saktha shall provide notice to you promptly of any such claim, suit or proceeding.
GENERAL:
Tewatohnhi’saktha makes no claims that the Materials may be lawfully viewed or downloaded outside of Canada. If you access the Web Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
GOVERNING LAW AND JURISDICTION:
This Agreement is governed by the internal substantive laws of the Mohawk Territory of Kahnawake, or in the absence thereof, the laws of Quebec and Canada. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts having jurisdiction within Mohawk Territory of Kahnawake. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for specific areas of the Web Site this Agreement constitutes the entire agreement between You and Tewatohnhi’saktha with respect to the use of Web Site. No changes to this Agreement shall be made except by a revised posting on this page.
TRACING CONNECTIONS AND STATISTICAL REPORTS:
Tewatohnhi’saktha may trace connections to this Web Site for the purposes of collecting statistical data. This anonymous data collection is to track which browser was used to surf the site (Microsoft Explorer or Netscape), at what time the visit was made, the duration of the visit and which pages were visited. At no time will this data collection enable the identification of the Internet user who surfed the site. By accessing or using this Web Site, you agree to Tewatohnhi’saktha’s collection and use of this data.
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