Website Terms of Use

In accessing information from this Website (https://www.tolivefoundation.com/) “you” as the user agree to be bound by these Terms and Conditions of Use (“Terms”) as set out below. This Website contains proprietary notices and copyright information, the terms of which you agree to observe and follow. Toronto Live Foundation (“Foundation,” “we,” “us,” or “our”) collect your personal information in accordance with our privacy policy, which shall form part of these Terms.

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY STATEMENT, FOUND HERE, AND INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Changes to these Terms of Use

We reserve the right to modify or supplement these Terms at any time and in our sole discretion. If we make any material changes to these Terms, we will post a notice about the change at a prominent location on our Website. Your continued use after such changes are posted constitutes your continued acceptance. If you do not agree with the Terms at that time, you must not use our Website.

Access and Use of Website

We hereby grant you permission to use the Website as set forth in these Terms, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website, including these Terms, in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with these Terms.

You agree not to collect or harvest any personal information, including account names, from the Website and you agree not to solicit any users of the Website for commercial purposes.

Copyright/Trademark Notice

All Website design, text, layout, graphics and the selection and arrangement thereof is owned by us and/or our affiliates, or licensed to us, and all rights are reserved. You are authorized to view, download and print portions of the Website solely for your personal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright or proprietary notices from the materials. Any other use of materials on the Website, including: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; (7) or public showing, without our prior written permission, is strictly prohibited.

You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from the Website.

All of our trademarks are protected by Canadian law. Unauthorized use of our trademarks is strictly prohibited. All other trademark, service marks, company names or company logos, as used or referenced in the Website, are the property of their respective owners.

Conduct

You agree to access and use the Website for lawful purposes in accordance with these Terms and are prohibited from using the Website to engage in any fraudulent activity or in a manner that (in our sole discretion) is liable to damage our business or harm other users. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to your use of the Website.

You shall use the Website solely for your internal business purposes as contemplated by these Terms and shall not at any time whether directly or indirectly: (i) access content and data that is not intended for you; (ii) attempt to tamper or actually tampering with the security of the Website or with the accounts of any of our other customers; (iii) log into a server or account that you are not authorized to access, (iv) attempt to probe, scan or test the vulnerability of the Website or to breach the security or authentication measures without proper authorization; (v) render any part of the Website unusable; (vi) reproduce TCP/IP packet header(s); (vii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (viii) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or harmful to the normal operation of the Website; (ix) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing, or crashing (or otherwise attempt to interfere with the normal operation of the Website); or (x) lease, distribute, license, sell or otherwise commercially exploit the Website or make the Website available to a third party other than as contemplated in these Terms.

Termination of Use

We may (in our sole discretion) suspend/terminate your access to or use of our Website, without notification, for any violation of these Terms, or for other conduct that we deem is harmful/unlawful to others. In the event of termination, you are no longer authorized to access the Website, and we will use whatever means necessary to enforce this termination.

Links to Other Websites

There may be some links on the Website belonging or linking to third-party sites that are not maintained/operated by us. We do not control these links or their security, nor do we review their content. We provide these links to these third-party pages to users for their convenience. This is not an endorsement of information, products, or services.

Cookies and Other Tracking Technologies

This Website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information about viewing the cookies dropped on your device, visit the cookies Squarespace uses.

Contacting Us

We have the right but have no obligation to monitor any content that you provide on our Website, including when you sign up for our newsletter or make a donation through our Website.

Any information submitted or collected on the Website shall be considered non-confidential. By submitting information to the Website, or directly to us, you agree that we shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and we may disclose or use any submission on our Website for any purpose whatsoever, at its sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.

Indemnity

To the maximum extent permissible by law, you agree to defend, indemnify, and hold harmless the Foundation (and its owner/operators and employees) from any and all liabilities and costs incurred by us, owner/operators and each of our respective employees in connection with any claim arising from any breach by you of these Terms, including reasonable legal fees and costs. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. We reserve the right to assume, at our own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter without our written consent.

Disclaimer of Warranty

You expressly understand and agree that your use of the Website, or any material available through the Website, is at your own risk. Neither we nor our employees warrant that the Website in question will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Website. The content and function of the Website are provided to you as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or use.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE FOUNDATION, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED 'AS IS' AND 'AS AVAILABLE'. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR DAMAGES, DIRECT OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THE WEBSITE, AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY THIRD-PARTY'S RIGHTS TO THE EXTENT THAT SUCH VIOLATION ARISES FROM YOUR USE OR MISUSE OF THE WEBSITE.

Severability

These Terms shall be deemed severable. In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Governing Law

In the event of any dispute between you and us concerning these Terms, the laws of the province of Ontario and the laws of Canada applicable therein will apply without regard to its conflicts of law rules, and any such dispute shall be brought before the Courts located in the Province of Ontario.

Contact

If you have any questions regarding these Terms, please contact us at foundation@tolive.com.