The Martin Family Initiative Website (the “Site”) is operated by Martin Family Initiative (“MFI”). Throughout the Site, the terms “we”, “us”, and “our” refer to MFI. 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.
The following terms and conditions (“Terms”) govern your use of this Site. By accessing the Site, you agree to be bound by the following Terms, including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, then you may not access the Site and must exit immediately.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
1. GENERAL CONDITIONS
- 1.1. The information on this Site is for your own personal informational purposes only.
- 1.2. You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Site or any portion of the Site without express written permission by us.
- 1.3. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
2. PROPRIETARY RIGHTS
- 2.1. As between you and MFI, MFI owns or licenses the Site and all data, content, graphics, forms, artwork, images, photographs, functional components, any software and documentation, and other material on, in, or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
- 2.2. All Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. Except for third party marks, as between any user and MFI, all names, trademarks, service marks, certification marks, symbols, slogans, or logos appearing on the Site are proprietary to MFI or its affiliates, licensors or suppliers. Use or misuse of these trademarks is expressly prohibited. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
- 2.3. Unless otherwise expressly authorized by MFI in writing, you agree not to remove any proprietary notices, trademarks, or labels on or in the Site or the Site Materials.
3. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
- 3.1. All Site Materials and information is provided on an “as is” basis. We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for 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. Any reliance on the material on this Site is at your own risk.
- 3.2. 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 our Site. You agree that it is your responsibility to monitor changes to our Site.
4. OPTIONAL TOOLS
- 4.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- 4.2. 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.
- 4.3. 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).
- 4.4. 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.
5. THIRD-PARTY LINKS OR CONTENT
- 5.1. Certain Site Materials may include materials from third-parties.
- 5.2. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party websites, and we do not warrant 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.
- 5.3. 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 that you 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.
- 5.4. 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.
6. PERSONAL INFORMATION
7. PROHIBITED USES
- 7.1. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or Site Materials: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) 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; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
- 7.2. 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.
- 8.1. MFI, its subsidiaries, and 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 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. You agree that you must evaluate and bear all risks associated with the use of Site Materials and that you may not rely on such Site Materials.
- 8.2. 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.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. MFI MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL 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 THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, 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.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall MFI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for: (i) any direct, indirect, consequential, incidental, exemplary, punitive or special damages; or (ii) for any damages, 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 without limitation damages for harm to business, loss of information or data, loss of goodwill or other economic loss, arising from, or in connection with, your use of the Site, 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, even if MFI has been advised of the possibility of such damages in advance.
10. SOCIAL MEDIA
11. CHANGES TO TERMS & RESTRICTION
- 11.1. MFI reserves the right at any time to modify, alter, or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the Terms as changed. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit.
- 11.2. MFI may restrict your ability to use the Site for failure to comply with these Terms, for providing MFI with untrue or inaccurate information about yourself, for infringement upon MFI proprietary rights.
- 12.1. Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- 12.2. Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and 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.
- 12.3. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- 12.5. 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. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto and in the Province of Ontario.