MFI Website Terms of Use

Last Updated: August 10, 2023

ACCEPTANCE OF THE TERMS OF USE

The following terms of use, including those additional terms, conditions, documents and policies incorporated by reference and/or made available by hyperlink (these “Terms”) govern your access to, and use of, The Martin Family Initiative Website located at https://themfi.ca/ (the “Site”) and any content, functionality and services offered on or through the Site. These Terms are a legal agreement between you and the Martin Family Initiative (“MFI”, “we”, “us” or “our”), which operates the Site and makes it available to you.

MFI offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein. 

BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST NOT ACCESS THE SITE AND MUST EXIT IMMEDIATELY.

1.    CHANGES TO THESE TERMS AND THE SITE

(a)  Changes to the Terms. We reserve the right in our sole discretion to update, change, or replace any part of these Terms at any time by posting updates and/or changes to the Site. Any such update or change is effective immediately upon posting and applies to all access and use of the Site. You agree to check these Terms periodically so that you are aware of any changes, updates or replacements made to these Terms. You agree that your continued use of, or access to, the Site following the posting of any change or update constitutes your acceptance and agreement to be bound by the latest version of these Terms as updated or changed.

(b) Changes to the Site. The information and material on the Site may be changed or removed at any time in our sole discretion without notice. MFI may restrict, terminate or suspend your access to or ability to use all or any part the Site for any and no reason. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.

2.    PROPRIETARY RIGHTS

(a)  As between you and MFI, you agree that the Site and all content, features and functionality on the Site, including data, software, text, displays, graphics, forms, artwork, images, photographs, video, audio, music, broadcast, functional components, any software, code or documentation, and other material on, in, or made available through the Site and the selection, coordination, arrangement, design, layout, organization, and enhancement of the foregoing (“Site Materials”) including all rights, title and interests (and all intellectual property rights) in and to any of the foregoing is owned by MFI, its affiliates, or its third-party licensors.

(b) All Site Materials are protected pursuant to copyright, trademark, patent, trade secret and other applicable laws, including intellectual property laws and any other proprietary rights. In addition, as between you and MFI, you agree that all names, trademarks (registered or unregistered), service marks, certification marks, symbols, slogans, or logos appearing on the Site, including MFI’s name, logo and all related names, logos, product and service names, designs, images, and slogans are proprietary to MFI or its affiliates, licensors or suppliers. Use, copying or misuse of this proprietary property is expressly prohibited without the express prior written authorization of MFI. Under no circumstances will you have any rights of any kind in or to the Site or to any Site Materials, other than the right to use the Site Materials in accordance with these Terms. All rights not expressly granted are reserved by MFI.

(c)  Unless otherwise expressly authorized by MFI in writing, you agree not to remove or alter any labels, copyright, trademarks or any other propriety rights notices on or in the Site or the Site Materials.

(d) You agree not to directly or indirectly reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, duplicate, copy, sell, resell, compile for an internal database, transmit or exploit the Site or any portion of the Site, including the Site Materials, in any form or medium without express written permission by us, except:

(i)    your computer and browser may temporarily store or cache copies of materials being accessed and viewed;

(ii)  a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and

(iii) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by any applicable agreement for such download.

3.  ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

(a)  All Site Materials and information are provided on an “as is” and “as available” basis. Any reliance on the material on this Site is at your own risk. We are not responsible if information made available on this Site is not accurate, complete, or current. You agree that the information on this Site, including any Site Materials, is for your own personal informational, non-commercial and general educational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. MFI and its affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, educational resources, data, services, links, advertisements, or other items contained within the Site. MFI reserves the right to immediately remove any Site Materials for any reason or for no reason. MFI cannot and does not review all communications made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Materials or all or any part the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion and for any reason and period. You agree that you must evaluate and bear all risks associated with the use of Site Materials and that you cannot rely on such Site Materials.

 (b) This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Site Materials at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

4.  THIRD-PARTY TOOLS, LINKS AND CONTENT

(a)  Tools:

(i)    We may provide you with access to optional third-party tools over which we neither monitor nor have any control nor input.

(ii)  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

(iii) Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

(iv) We may also, in the future, offer new features through the Site (including the release of new tools and resources). Such new features shall also be subject to these Terms.

(b) Third-Party Links and Content

(i)    Certain Site Materials may include materials from third-parties, including from third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by MFI, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of MFI. Neither MFI nor its affiliates or their respective directors, officers, employees, agents, contractors, interns, suppliers, service providers, licensors, licensees or successors has any responsibility or liability whatsoever to you, or any third-party, for the content or accuracy of any third-party materials.

(ii)  Third-party links on this Site may direct you to third-party websites that are not affiliated with us. If you choose to access any such sites, you do so at your own risk. We are not responsible for examining or evaluating the content or accuracy of these third-party websites, and we do not make any representations about, and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties, or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

(iii) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We encourage you to review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

(iv) Any payments made through the Site may be processed through third-party payment gateway providers. You may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third-party payment provider.

5.  PRIVACY

You acknowledge and agree that by providing MFI with your personal information through the Site, you consent to the collection, use, reproduction, hosting, transmission and disclosure of such information in accordance with our Privacy Policy, or for the purposes identified to you at the time you provided the personal information. To view our Privacy Policy, visit http://themfi.ca/index.php/privacy-policy/.

6.  NO GUARANTEE OF SECURITY

The safety and security of your information depends on you. Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Site through a user's internet connection are aware of these Terms and comply with them. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

7.  PROHIBITED USES

(a)  In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or Site Materials: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of harmful component that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; (xi) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet; or (xii) in any way other than in accordance with these Terms.

(b) You are prohibited from attempting to circumvent and from violating the security of the Site, including: (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 the Site owner'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 or other harmful component that is will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (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.

(c)  You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to MFI and that in the event of such unauthorized use, MFI shall be entitled to an injunction in addition to any other remedies available at law or in equity.

8.  DISCLAIMER

(a)  THE SITE, THE SITE MATERIALS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MFI MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, THE SITE MATERIALS, DATA, AND OTHER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING THAT THE SITE MATERIALS ARE ACCURATE, COMPLETE OR UP-TO-DATE, AND THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER MFI NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(b) WE 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 HARMFUL COMPONENTS. YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY IS AT YOUR OWN RISK, INCLUDING THAT THE ENTIRE RISK AS TO SATISFACTORY AVAILABILITY, QUALITY, SECURITY, RELIABILITY, SUITABILITY, PERFORMANCE, ACCURACY, CURRENCY, COMPLETENESS, AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, DATA, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU AND NEITHER MFI NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, LICENSEES OR SUCCESSORS HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE 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 COMPUTER EQUIPMENT, COMPUTER 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 WEBSITE LINKED TO IT.

 9.  LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MFI NOR ITS AFFILIATES OR THEIR RESPECTIVE OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, LICENSEES OR SUCCESSORS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES; OR (B) FOR ANY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL, CHARACTERIZED AS LOST REVENUE, LOST SAVINGS OR REVENUE OR LOST PROFITS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE,  LOSS OF INFORMATION OR DATA, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS ARISING FROM, OR IN CONNECTION WITH, YOUR USE OF OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, ANY ERRORS OR OMISSIONS IN ANY SITE MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY SITE MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES OR ANY INFORMATION THEREON EVEN IF MFI HAS BEEN ADVISED OF THE POSSIBILITY OR HAD REASON TO KNOW OF SUCH DAMAGES IN ADVANCE.

10.     INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MFI, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Site, including third-party sites, and any use of the Site's content, services and products other than as expressly authorized in these Terms.

11.   SOCIAL MEDIA

By accepting these Terms, you also accept and consent to our Social Media Terms of Use, which can be found at http://themfi.ca.com/index.php/social-media-terms-of-use/. 

12.   GENERAL

(a)  Interpretation. For purposes of these Terms: (i) the words “include”, “includes”, and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; (iii) the words “herein”, “hereby”, and “hereunder” refer to these Terms as a whole; (iv) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (v) words denoting any gender include all genders. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. You irrevocably consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto and in the Province of Ontario for any action or proceeding arising out of or relating to this Site and under these Terms. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

(c)  Waiver. Our failure or delay to exercise or enforce any right, remedy, power or privilege arising from these Terms shall not constitute or be construed as a waiver of such right, remedy, power or privilege and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

(d) Severability. In the event that any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable by a competent court of law, the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

(e)  Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

(f)   Entire Agreement. These Terms and any policies or operating rules posted by us on this Site, including the Social Media Terms of Use and the Privacy Policy, constitute the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous understandings, agreements, representations, warranties, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

(g)  Notices. Questions about the Terms should be sent to us at hello@themfi.ca.