The information contained on the Aboriginal Connections
Site is for informational purposes only and it is not intended to meet
any particular user's need. Documents provided on the Aboriginal Connections
Site are provided as a service only, and do not constitute official
versions of such documents.
You understand and agree that the Aboriginal Connections
Site, and all content, material, information or postings found on or
accessed through the Aboriginal Connections Site, are provided on an
"AS IS" basis. Aboriginal Connections assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF ABORIGINAL
CONNECTION'S SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ABORIGINAL
CONNECTION'S SERVICES (INCLUDING, WITHOUT LIMITATION, THE ABORIGINAL
CONNECTIONS SITE) IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON OUR SITES, ABORIGINAL
CONNECTIONS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY
OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF ABORIGINAL CONNECTION'S SERVICES, REGARDING THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH ABORIGINAL CONNECTION'S SERVICES,
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ABORIGINAL
CONNECTION'S SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH
ABORIGINAL CONNECTION'S SERVICES OR THAT ABORIGINAL CONNECTION'S SERVICES
WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE,
ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL
BREACH SHALL ABORIGINAL CONNECTIONS, THE PARTNERS OR THEIR RESPECTIVE
AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF
ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE ABORIGINAL
CONNECTION'S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
ABORIGINAL CONNECTION'S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED
ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES,
EVEN IF ABORIGINAL CONNECTIONS HAD BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ABORIGINAL
CONNECTIONS NOR THE PARTNERS, NOR THEIR RESPECTIVE AFFILIATES AND RELATED
COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
YOU UNDERSTAND THAT INFORMATION CONTAINED ON THE
ABORIGINAL CONNECTIONS SITE, OR OBTAINED THROUGH THE USE OF ABORIGINAL
CONNECTIONS SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. NO WARRANTY
SHALL BE CREATED FOR ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
THAT IS OBTAINED BY YOU FROM ABORIGINAL CONNECTIONS OR THROUGH THE USE
OF ABORIGINAL CONNECTION'S SERVICES.
To the maximum extent permitted by applicable law,
you will defend, indemnify and hold harmless Aboriginal Connections,
the Partners and their respective affiliates and related companies,
and each of their respective directors, officers, employees, consultants
and agents from and against all claims, liability, and expenses, including
all legal fees and costs, arising out of: (i) your breach of any provision
of the Terms of Service; or (ii) your use of Aboriginal Connection's
services, the content contained in the Aboriginal Connections Site and/or
the placement or transmission of any information or other materials
on the Aboriginal Connections Site made by you or others using your
account.
You agree to promptly notify Aboriginal Connections
immediately after you become aware of any unauthorized use of your account
and to take such reasonable steps as are necessary to prevent any reoccurrence
of such event. Aboriginal Connections reserves the right, in its sole
discretion and at its own expense, to assume the exclusive defence and
control of any matter otherwise subject to indemnification by you and
you will co-operate as fully as reasonably required in the defence of
any such claim.
The Terms of Service will inure to the benefit of
Aboriginal Connection's successors, assigns and licensees.
