TERMS AND CONDITIONS

These Terms and Conditions (the "Agreement") govern the use of https://themcquaidfamilyfoundation.com(the "Site"). This Site is owned and operated by The McQuaids Family Foundation (the "Foundation"). The Foundation is a non-profit organization.

By using this Site, each User acknowledges that they have read and understood this Agreement and agree to abide by it at all times.

1. Intellectual Property

All content published or made available on this Site is the property of the Foundation and its creators. This includes, but is not limited to, images, text, logos, documents, downloadable files, and any material that contributes to the composition of this Site.

2. Acceptable Use

Each User agrees to use this Site only for lawful purposes and not to:

• Harass, abuse, or mistreat other Users;
• Violate the rights of other Users;
• Infringe on intellectual property rights belonging to the Foundation or third parties;
• Attempt unauthorized access to accounts, systems, or data;
• Act in any fraudulent or deceptive manner;
• Post material deemed inappropriate or offensive.

The Foundation reserves the right to suspend, restrict, or terminate access to the Site where use violates this Agreement or applicable laws.

3. Accounts

Where a User creates an account on this Site, the User agrees to:

• Be solely responsible for their account, including passwords and security;
• Ensure that all information provided is accurate, complete, and updated as required.

The Foundation may suspend or terminate an account for misuse, breach of these Terms, or unlawful activity.

4. Third-Party Goods, Services, and Links

This Site may display goods, services, or links from third parties. The Foundation does not guarantee the accuracy, quality, or availability of such third-party offerings and is not responsible for their policies, practices, or outcomes. Users must review third-party terms and conditions before engaging with such services.

5. Confidentiality and Privacy

The Foundation complies with applicable privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

• Personal information may be collected, used, and disclosed solely for the operation of the Site, service delivery, or compliance with legal obligations.
• Sensitive data, including Contributor, Donor, Volunteer, and Partner information, is treated as Confidential Information.
• The Foundation is not liable for breaches, data loss, or access caused by third parties, cyberattacks, or circumstances beyond reasonable control.

A separate Privacy Policy further governs data handling practices and is incorporated by reference into this Agreement.

6. Limitation of Liability

To the fullest extent permitted by law, the Foundation, its directors, officers, employees, affiliates, partners, stakeholders, and agents shall not be liable for any claims, losses, damages, or liabilities of any kind, including direct, indirect, incidental, or consequential damages, arising from:

• Use of or inability to use the Site;
• Acts, omissions, or policies of third parties, including partners or affiliates;
• Errors, omissions, or inaccuracies in content;
• Service interruptions, delays, or system failures;
• Data breaches, cyber incidents, or security disruptions;
• Force majeure events or external influences outside reasonable control.

All services are provided on an “as is” and “as available” basis without warranty of any kind.

7. Indemnity

Except where prohibited by law, each User agrees to indemnify and hold harmless the Foundation and its affiliates, partners, stakeholders, directors, officers, and employees from any claims, liabilities, damages, costs, or expenses (including legal fees) arising from:

• Use of the Site;
• Violation of these Terms;
• Violation of applicable laws or third-party rights.

8. Dispute Resolution and Waiver of Class Actions

Any issue, concern, or dispute shall first be submitted through the contact information provided below for private resolution with the Foundation.

To the extent permitted by law:

• Each User agrees to resolve disputes exclusively through negotiation, mediation, or arbitration, rather than through public legal proceedings.
• Each User waives the right to initiate or participate in class actions, collective proceedings, or representative claims.
• This clause does not eliminate any rights that cannot be waived under applicable Canadian law but limits all others to the maximum extent allowed.

9. Force Majeure

The Foundation shall not be held responsible for delays, disruptions, or failures caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, strikes, cyberattacks, service provider failures, or technical malfunctions.

10. Changes to Terms

These Terms may be updated at any time without prior notice. Continued use of the Site constitutes acceptance of the revised Terms. Users are responsible for reviewing the Terms periodically to remain informed of updates.

11. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and applicable federal laws of Canada.

12. Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be deemed void. The remaining provisions shall remain valid and enforceable.

13. Entire Agreement

This Agreement constitutes the entire understanding between the Foundation and the User concerning the use of this Site. Any prior representations, promises, or agreements are superseded.

14. Contact Information

Questions or concerns regarding this Agreement may be directed to:

The McQuaids Family Foundation
Email: support@tmff.com

Effective Date: 25 day of Aug, 20