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Rida Mirza
Wednesday, November 16, 2022
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THE HONOURABLE MR. JUSTICE DOUGALD ROBERT MCDERMID (ret.) 1938 – 2022 Dougald “Doug” McDermid died peacefully at home on Wednesday, November 9th, 2022 with his wife Julie at his side. He was predeceased by his father and mother, Dougald and Margaret (née McNabb) McDermid; his sister, Margaret Crook, (Dave); and his youngest brother, Kevin McDermid. He is survived by his treasured and loving wife, Julie A. McDermid; his daughter, Ann McDermid, (Gordon); his son, Douglas McDermid, (Michelle); his stepson, Ryan Green; his brother, Ronald McDermid, (Mary); his two grandchildren, Julia and Andrea McDermid; his nephew, David Crook, (Connie); and his niece, Shelby Hodson, (Stuart); Born on March 26, 1938 at Collingwood, Ontario, he moved with his parents at about two years of age to Sudbury where he received his elementary and secondary school education. During university and law school, he worked each summer at INCO in Copper Cliff near Sudbury to earn the money to pay for his postsecondary education. He earned his B.A., (Political Science and Economics), from Victoria College at the University of Toronto in 1959. While there, he was active in many extracurricular activities, served as class president during his graduating year and was also elected permanent president of the “Vic” class of 5T9. After obtaining his LL.B. from Osgoode Hall in 1962, he articled with Richard E. Shibley, Q.C. in Toronto. He was called to the Bar of Ontario on April 10, 1964 and then began to practice law in Niagara Falls, Ontario. After practicing there for twelve and a half years, (with “elegant decency”, as described by one of his colleagues), he was appointed by the federal government to the County Court of the County of Elgin at the age of 38 and moved to London, Ontario, where he resided until his death. As a result of a series of reorganizations of the structure of the courts in Ontario, he became a judge of the Superior Court of Justice in 1990 until his mandatory retirement in 2013 at the age of 75, after serving thirty-six and a half years on the bench. During his years practicing law, he was active in community work in Niagara Falls serving as: board member of the United Way; board member and VP of the Niagara Falls YMCA; board member and President of the Social Planning Council of Niagara Falls; and as an elected Trustee of the Niagara South Regional Board of Education for two terms. After his appointment to the bench, he became the founding President of the Ontario Superior Court Judge’s Association and served several years as a member of the Board of Police Commissioners for St. Thomas. He was also appointed Regional Senior Judge of the Southwest Region of the Superior Court from 1998 to 2003 by the federal government. In 2002, he was deeply honoured to receive the Queen’s Golden Jubilee Medal. As a judge, he was widely respected and regarded as “a judge’s judge”. He was always ready to help a colleague, which he did often, and was especially encouraging to newly appointed judges. He was not often appealed and, given the large number of cases he heard over his career with and without a jury, was overturned rarely. He presided over many cases that attracted national attention and pre-tried other such cases for other judges. One of the most memorable cases he tried without a jury was R. v. Ssenyonga, about which the noted former journalist, June Callwood, wrote a book entitled, “Trial Without End”, in which she described Doug as being “regarded as one of the finest judges in the country”. Upon his retirement, a former Attorney General of Ontario, who had appeared before him often, was quoted as telling the media, “He was always fair, listening and understanding the positions advanced even after others might have given up or lost patience . . . Every day, his actions reminded us of how good our system can be.” In the same article, a former Middlesex Crown Attorney was quoted as saying, “Justice McDermid was the quintessential judge . . . He was firm but fair — patient and polite but always in control of the trial process. He taught me the meaning of a 15-minute recess - it was 15 minutes.” As a person, he never forgot his roots and was thankful every day for his good fortune and the many blessings and opportunities he received in his life. He was wise, logical, patient and kind and gave wonderful advice and guidance to all those who sought it. He tried to live by “The Golden Rule” and to treat all with whom he came into contact with respect and politeness. He will be cherished and loved forever by his wife Julie for the love and happiness they shared through the years. His wife, family and friends will miss his sense of humour, his quick wit and their many interesting conversations about both historical and current events, the law and politics, in all of which he took a great interest. He loved to read and his intellect and curiosity led him to the study of an eclectic assortment of subjects. He and Julie enjoyed travelling extensively, but their favourite vacation spot was at Fort Myers Beach, Florida where they visited semi-annually to rejuvenate and recharge. Doug was a voracious reader, and he also enjoyed walking, photography, working out at his fitness club, and spending time with his family and friends. At the age of 77, he took up golf. He lived a full life, “made a positive difference” and was a good man. Thank you to Dr. Cejic and his team at Byron Family Medical Clinic, Nurse-Practitioner Terri Quayle and the team of providers through Community Care and Access Southwest, the healthcare workers at St. Thomas Elgin General Hospital Complex Care Unit, as well as the caregivers of Medical Priorities who helped make Doug’s last year one of hope, dignity, caring and comfort. He will be greatly missed but not forgotten. Burial will take place at Woodland Cemetery. A celebration of life ceremony will be planned for the spring. In Doug’s memory, please consider donations to the Heart and Stroke Foundation of Canada, and to the Canadian Cancer Society.
Rida Mirza
Wednesday, November 16, 2022
Donation amounts not shown
Jane Smith donated to First Central Church
Tuesday, June 16, 2020
John was a great leader and a mentor to all of us who worked with him. He will be greatly missed.
The My Tribute Gift Foundation (MTGF) is committed to preserving your privacy and maintaining the accuracy, confidentiality and security of your credit card and other personal information. This privacy policy describes the personal information MTGF collects by any means, including but not limited to our My Tribute Gift Memorial donor's portal pages and our website at https://mytributegift.org/privacy.html (each a “Site” and collectively the "Sites"), how we collect, use and safeguard that information, and the circumstances under which we may disclose it. By using one of our Sites or otherwise providing your personal information to us, you agree to the terms of this Privacy Policy.
For the purposes of this Privacy Policy, "personal information" is any information about an identifiable individual, other than an individual’s business title or business contact information. Personal information may include your name, address, age, credit card information, donation history and banking information, among other things. Personal information does not include information that cannot be associated with or tracked back to a specific individual.
When you make a donation to a charity through one of MTGF's Memorial Pages, MTGF collects personal information directly from you in order to properly process your donation and be able to issue an official receipt for it, consistent with requirements of the CRA in Canada. MTGF also collects personal information from you in this manner to enable MTGF to contact you to confirm your donation and, in the case of a lost or missing receipt, to reissue you a receipt for your donation. This personal information consists of your name, address, phone number, email address, your credit card information, "acknowledgement" or "in memory of" information, recipient charity, your directions and notes to the recipient charity, and donation amount.
It is unlikely that MTGF will need to contact you, but we reserve the right in the event that we need to verify your personal information or to complete your donation. If you contact us by email or phone, we may ask you to verify your personal information so that we may respond to your inquiry. We may also collect personal information from emails, electronic messages and mail you send us, or from telephone conversations with you, for our use to complete your donation and to send you a receipt.
We collect credit card information from donors so that we can process donations. This information is maintained on a PCI-compliant and secure server that is managed by a third party contractor. We also use a credit card processing company to process donations. Where we transfer personal information to a third party contractor to handle or process on our behalf, we ensure the third party agrees to use such information solely as necessary to provide the services to us, and that the third party otherwise handles and safeguards such personal information in a manner that is compliant with this policy and the laws and regulations that apply to MTGF for the protection of personal information.
Sometimes our collection of personal information from you may happen automatically. We may use tracking technologies such as cookies, log files, and pixel tags to automatically collect information when users visit one of our Sites. Information we collect in this manner includes, but may not be limited to:
We use this information to to improve our service offerings and to customize your experience using our Sites. For more information, see the “Cookies and Similar Technologies” section below.
As explained above, MTGF uses your personal information to process your donation, issue an official receipt for it, and to contact you if necessary for those purposes. MTGF may also use your personal information to provide you with services and support, personalize user experiences on our Sites, perform analytics and system improvement, and compliance with our legal obligations.
MTGF does not retain, share, store or use personally identifiable information for any secondary purposes without your express consent.
We may use cookies, pixel tags, and similar technologies to gather information about your use of our Sites to improve our service offerings and to customize your experience using our Sites.
Clear GIFs (also called pixel tags or web beacons) are small files embedded in websites that tell us what content a user accesses and how users navigate our Sites. Clear GIFs enable us to track and analyze user behavior on our Sites in order to make them more intuitive and user friendly .
MTGF protects the personal information it collects using physical, technical and administrative safeguards that are suitable given the sensitivity of the information. These safeguards help protect the personal information against loss or theft, unauthorized access, use, copying, disclosure and modification. When a donor is asked to enter personal information (such as contact information, address and credit card number) on one of our online forms, that information is encrypted and is protected using secure sockets layer (SSL) digital certificates. While on a secure page the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer or Firefox, becomes locked.
Only MTGF employees who need the information to perform a specific task are granted access to personally identifiable information. All MTGF employees are apprised of and agree to adhere to MTGF’s security and privacy practices.
With your express consent, MTGF may disclose your name, contact information, "acknowledgement" or "in memory of" information, notes and directions and the amount you donated to your charity of choice, the funeral home and the deceased next-of-kin.
MTGF may disclose personal information when required by law, the CRA or other governmental authority, or if requested by a credit card issuer in case of a dispute.
In working with our service providers, your personal information may be accessible in, or transferred to, a foreign jurisdiction. Such information may be provided to law enforcement or national security authorities of that jurisdiction in order to comply with foreign laws.
We take reasonable steps to ensure the personal information we collect is accurate, complete and current as required for the purposes for which the information is collected. You have the right to view and update your personal information or ask us to delete it at any time. Simply send your detailed request to us using our contact information provided below.
We retain personal information only as long as it is required for the reasons it was collected for. The length of time we retain information varies, depending on the purpose and the nature of the information. When your personal information is no longer required for these purposes, the information is either physically destroyed or deleted.
We do not knowingly collect personal information about individuals under the age of consent in their jurisdiction of residence without the consent of their parent or guardian. If we become aware that we have collected personal information from such an individual without the consent of his or her parent or guardian, we will reasonable efforts to enable us to promptly delete such information from our database.
The vast majority of our donors are Canadians. However, while we do not target our services to individuals outside of Canada, some of our individual donors may be residents of the European Economic Area (“EEA”). For the benefit of such users, we handle their personal data in accordance with applicable EU data protection laws and regulations, including the EU GDPR. Subject to certain exemptions set out in the GDPR, you have the following rights in relation to the Personal information we hold about you:
It is important to note that the rights set out above are not unconditional and the specific circumstances of the processing being undertaken by us will determine if these rights may be exercised. Further information concerning these rights and their application can be obtained by residents of the EEA by contacting us at the address provided below.
If you are a resident of the EEA, our legal basis for collecting and using the personal information described in this privacy policy will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you where the processing is in our legitimate commercial interests which are not overridden by your protection interests or fundamental rights and freedoms. Typically, our legitimate interests include: providing our services, facilitating our security safeguards, and defending legal claims.
If you use our services, we may need your personal information to perform a contract with you. In some limited cases, we may be under a legal obligation to collect, use or disclose your personal information, such as disclosure required by court order.
Where we rely specifically on express consent to collect and process your personal information, you are not obliged to provide your consent and you may subsequently withdraw your consent once it has been provided. It should be noted however that this may limit your experience with our resources and services.
If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at the address provided below.
You may withdraw your consent to our collection, use or disclosure of your personal information at any time. Simply contact us as set out below with your request.
MTGF reserves the right to change its Privacy Policy and, in the event, will post those changes so that donors are always aware of what information we collect, how we collect, use and safeguard it, and under what circumstances, if any, we disclose it. Please check this web page regularly to ensure you are aware of our current Privacy Policy. Your continued use of one of our Sites or your continued provision of your personal information to us by any means whatsoever constitutes your agreement to our then-current Privacy Policy.
MTGF works hard to ensure that your giving experience is a positive one. If you have any questions about this privacy statement, the practices of MTGF, or your dealings with our Websites, please contact:
My Tribute Gift Foundation
info@mytributegift.org
Telephone: 1-855-355-8141
Privacy Policy as of May 2023.
© MyTributeGiftFoundation 2024. All rights reserved.
The My Tribute Gift Foundation (MTGF) is committed to preserving your privacy and maintaining the accuracy, confidentiality and security of your credit card and other personal information. This privacy policy describes the personal information MTGF collects by any means, including but not limited to our My Tribute Gift Memorial donor's portal pages and our website at https://mytributegift.org/privacy.html (each a “Site” and collectively the "Sites"), how we collect, use and safeguard that information, and the circumstances under which we may disclose it. By using one of our sites or otherwise providing your personal information to us, you agree to the terms of this Privacy Policy.
For the purposes of this Privacy Policy, "personal information" is any information about an identifiable individual, other than an individual’s business title or business contact information. Personal information may include your name, address, age, credit card information, donation history and banking information, among other things. Personal information does not include information that cannot be associated with or tracked back to a specific individual.
When you make a donation to a charity through one of MTGF's Memorial Pages, MTGF collects personal information directly from you in order to properly process your donation and be able to issue an official receipt for it, consistent with requirements of the IRS in the U.S.. MTGF also collects personal information from you in this manner to enable MTGF to contact you to confirm your donation and, in the case of a lost or missing receipt, to reissue you a receipt for your donation. This personal information consists of your name, address, phone number, email address, your credit card information, "acknowledgement" or "in memory of" information, recipient charity, your directions and notes to the recipient charity, and donation amount.
It is unlikely that MTGF will need to contact you, but we reserve the right in the event that we need to verify your personal information or to complete your donation. If you contact us by email or phone, we may ask you to verify your personal information so that we may respond to your inquiry. We may also collect personal information from emails, electronic messages and mail you send us, or from telephone conversations with you, for our use to complete your donation and to send you a receipt.
We collect credit card information from donors so that we can process donations. This information is maintained on a PCI-compliant and secure server that is managed by a third party contractor. We also use a credit card processing company to process donations. Where we transfer personal information to a third party contractor to handle or process on our behalf, we ensure the third party agrees to use such information solely as necessary to provide the services to us, and that the third party otherwise handles and safeguards such personal information in a manner that is compliant with this policy and the laws and regulations that apply to MTGF for the protection of personal information.
Sometimes our collection of personal information from you may happen automatically. We may use tracking technologies such as cookies, log files, and pixel tags to automatically collect information when users visit one of our Sites. Information we collect in this manner includes, but may not be limited to:
We use this information to improve our service offerings and to customize your experience using our Sites. For more information, see the “Cookies and Similar Technologies” section below.
As explained above, MTGF uses your personal information to process your donation, issue an official receipt for it, and to contact you if necessary for those purposes. MTGF may also use your personal information to provide you with services and support, personalize user experiences on our Sites, perform analytics and system improvement, and compliance with our legal obligations.
MTGF does not retain, share, store or use personally identifiable information for any secondary purposes without your express consent.
We may use cookies, pixel tags, and similar technologies to gather information about your use of our Sites to improve our service offerings and to customize your experience using our Sites.
Cookies are small data files that help us keep track of your usage of our Sites. Many of the cookies we use enable the Site to function as you would expect it to. Cookies enable the Site to remember things like your login information (if any) and other personalized settings. Cookies also enable us to track and analyze user behavior in order to improve our Sites and service offerings. Most web browsers automatically accept cookies but you can choose to accept or decline certain types of cookies if you prefer. However, declining cookies may impact the functionality of the Site and in some cases you may not be able to access the functions of the Site. We may use the following categories of cookies on our Sites:
Clear GIFs (also called pixel tags or web beacons) are small files embedded in websites that tell us what content a user accesses and how users navigate our Sites. Clear GIFs enable us to track and analyze user behavior on our Sites in order to make them more intuitive and user friendly.
MTGF protects the personal information it collects using physical, technical and administrative safeguards that are suitable given the sensitivity of the information. These safeguards help protect the personal information against loss or theft, unauthorized access, use, copying, disclosure and modification. When a donor is asked to enter personal information (such as contact information, address and credit card number) on one of our online forms, that information is encrypted and is protected using secure sockets layer (SSL) digital certificates. While on a secure page the lock icon on the bottom of Web browsers such as Microsoft Internet Explorer or Firefox, becomes locked.
Only MTGF employees who need the information to perform a specific task are granted access to personally identifiable information. All MTGF employees are apprised of and agree to adhere to MTGF’s security and privacy practices.
With your express consent, MTGF may disclose your name, contact information, "acknowledgement" or "in memory of" information, notes and directions and the amount you donated to your charity of choice, the funeral home and the deceased next-of-kin.
MTGF may disclose personal information when required by law, the IRS or other governmental authority, or if requested by a credit card issuer in case of a dispute.
In working with our service providers, your personal information may be accessible in, or transferred to, a foreign jurisdiction. Such information may be provided to law enforcement or national security authorities of that jurisdiction in order to comply with foreign laws.
We take reasonable steps to ensure the personal information we collect is accurate, complete and current as required for the purposes for which the information is collected. You have the right to view and update your personal information or ask us to delete it at any time. Simply send your detailed request to us using our contact information provided below.
We retain personal information only as long as it is required for the reasons it was collected for. The length of time we retain information varies, depending on the purpose and the nature of the information. When your personal information is no longer required for these purposes, the information is either physically destroyed or deleted.
We do not knowingly collect personal information about individuals under the age of consent in their jurisdiction of residence without the consent of their parent or guardian. If we become aware that we have collected personal information from such an individual without the consent of his or her parent or guardian, we will reasonable efforts to enable us to promptly delete such information from our database.
The vast majority of our donors are Americans. However, while we do not target our services to individuals outside of the United States, some of our individual donors may be residents of the European Economic Area (“EEA”). For the benefit of such users, we handle their personal data in accordance with applicable EU data protection laws and regulations, including the EU GDPR. Subject to certain exemptions set out in the GDPR, you have the following rights in relation to the Personal information we hold about you:
It is important to note that the rights set out above are not unconditional and the specific circumstances of the processing being undertaken by us will determine if these rights may be exercised. Further information concerning these rights and their application can be obtained by residents of the EEA by contacting us at the address provided below.
If you are a resident of the EEA, our legal basis for collecting and using the personal information described in this privacy policy will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you where the processing is in our legitimate commercial interests which are not overridden by your protection interests or fundamental rights and freedoms. Typically, our legitimate interests include: providing our services, facilitating our security safeguards, and defending legal claims.
If you use our services, we may need your personal information to perform a contract with you. In some limited cases, we may be under a legal obligation to collect, use or disclose your personal information, such as disclosure required by court order.
Where we rely specifically on express consent to collect and process your personal information, you are not obliged to provide your consent and you may subsequently withdraw your consent once it has been provided. It should be noted however that this may limit your experience with our resources and services.
If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at the address provided below.
You may withdraw your consent to our collection, use or disclosure of your personal information at any time. Simply contact us as set out below with your request.
California Civil Code § 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the contact information provided below.
Our Sites do not respond to browsers’ Do Not Track signals.
MTGF reserves the right to change its Privacy Policy and, in the event, will post those changes so that donors are always aware of what information we collect, how we collect, use and safeguard it, and under what circumstances, if any, we disclose it. Please check this web page regularly to ensure you are aware of our current Privacy Policy. Your continued use of one of our Sites or your continued provision of your personal information to us by any means whatsoever constitutes your agreement to our then-current Privacy Policy.
MTGF works hard to ensure that your giving experience is a positive one. If you have any questions about this privacy statement, the practices of MTGF, or your dealings with our Websites, please contact:
MyTributeGift Foundation
info@mytributegift.org
Telephone: 1-855-355-8141
Privacy Policy as of May 2023.
© MyTributeGiftFoundation 2024. All rights reserved.
My Tribute Gift Foundation makes this online charitable giving portal web page MyTributeGift.org (the “Website”) available to you subject to your acceptance of and compliance with these terms of use (the “Terms of Use”). BY ACCESSING, BROWSING, AND/OR USING THIS WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND OUR PRIVACY POLICY AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU CANNOT OR DO NOT AGREE WITH THESE TERMS OF USE OR OUR PRIVACY POLICY THEN DO NOT ACCESS OR USE THIS WEBSITE.
Your donation will be processed through My Tribute Gift Foundation for distribution to your selected charity. Your credit card transaction record will appear as My Tribute Gift Foundation. An official tax receipt for your donation will be issued by My Tribute Gift Foundation. Donations are sent out to charities at the end of each month for all donations received in that previous month. So a donation made on the first day of the month would be sent at the same time as one made on last day. Payments would be sent either by paper check or direct deposit. Please note that the there is 3% + 35¢/transaction fee for credit card processing, My Tribute Gift Foundation collects a 5% administrative fee. These fees help fund the cost of processing all donations, issuing tax receipts, and sending all appropriate information to the selected charity. These fees are assumed by your selected charity, but you will receive a receipt for the full amount of your donation. There are NO additional costs the charity has to endure to participate and accept donations through MyTributeGift.org. According to the American Institute for Philanthropy (charitywatch.org) a charitable organization is considered “Good” if they are spending less than 30% on administration and fundraising costs. My Tribute Gift Foundation helps reduce those administrative costs for charities and allows donors to contribute to lasting memorials for their loved ones.
When donating online, if the donation form has an option to add a tip, there is no convenience fee. The tip is optional and can be adjusted before you submit your donation. The amount of the tip will be displayed to you before you confirm the charge to your payment card. Tips are in addition to the donation amount, so they do not affect the amount that goes to the charitable organization. Under IRS and CRA rules, tips are not tax deductible to the donor.
You warrant and represent that all information and materials you provide to My Tribute Gift Foundation, through the Website or otherwise, are accurate and truthful and do not violate third party rights. You agree not to do any of the following activities in connection with your use of the Website: a) falsely misrepresenting your identity; b) acting in any illegal or fraudulent manner; c) transmitting computer software viruses, Trojan horses, worms, time bombs, back doors or cancel bots that are designed to disrupt, destroy, harm, or damage the operation of the Website or a computer. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use or enjoyment of the Website. You may only use the Website in a manner that is compliant with all applicable laws and regulations.
My Tribute Gift Foundation owns all intellectual property and proprietary rights in the Website and all information contained on it, including copyright. All rights are reserved. Any republication, retransmission, framing, reproduction or other use of the Website without the written permission of My Tribute Gift Foundation is strictly prohibited.
Provided you comply with these Terms and Conditions, you may make temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Website, and a permanent printout of each page of the Website for your personal and non-commercial use.
"My Tribute Gift Foundation" and the "My Tribute Gift" logo are registered trade-marks of My Tribute Gift Foundation. All unauthorized use thereof is prohibited. The names of other companies or charities on the Website may be trade-marks or trade-names of their respective owners and are used on the Website under licence.
By providing information to the Website, you grant to My Tribute Gift Foundation a royalty free, perpetual, and irrevocable license to use, edit, modify, adapt, reproduce, publish, distribute and display such information. You also hereby waive all moral rights you may have in such information. You represent and warrant that you own all rights to the information you post on our Website and therefore have the authority to grant such license.
My Tribute Gift Foundation does not intentionally market its services to minors. If you are under the age of majority in your place of residence, you must obtain your parent or guardian’s permission before you use our services.
The Website may contain links to other websites (“Linked Sites”), which are owned and operated by independent parties over whom My Tribute Gift has no control. Use of any Linked Site is entirely at your own risk. My Tribute Gift Foundation makes no representations or warranties as to the Linked Sites and disclaims all liability and responsibility for the Linked Sites.
MY TRIBUTE GIFT FOUNDATION DOES NOT GUARANTEE OR WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE.
Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MY TRIBUTE GIFT FOUNDATION OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, AND AGENTS (THE "FOUNDATION PARTIES") BE LIABLE FOR ANY: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO PROPERTY; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE FOUNDATION PARTIES ARISING OUT OF OR RELATED TO THE WEB SITE EXCEED CDN $100. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Scope of Limitations and Disclaimers. THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR GROSS NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF THE APPLICABLE FOUNDATION PARTY IS ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE FOUNDATION PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS AND PROCEEDINGS BROUGHT BY YOU OR ANY THIRD PARTY (COLLECTIVELY "CLAIMS") ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THESE TERMS OF USE OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY, INCLUDING ALL LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING ALL LEGAL FEES) ARISING FROM SUCH CLAIMS.
If in any part of these Terms of Use is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of these Terms of Use shall be eliminated to the extent permitted in that jurisdiction, for purposes of that jurisdiction, and the remaining Terms of Use shall otherwise remain in full force and effect.
These Terms of Use and your use of the Website are governed by the laws of the Province of Ontario and all federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of these Terms of Use or your use of the Website.
These Terms of Use constitute the entire agreement between you and My Tribute Gift Foundation with respect to the Website, except as we may explicitly agree otherwise in writing.. No delay or failure to exercise any right with respect to these Terms of Use shall be construed as a waiver by My Tribute Gift Foundation.
As a donor, you are responsible for researching the charity, understanding how your money will be used, and understanding the tax implications of your donation. We will email you a receipt, but the deductibility of your donation depends on your individual tax situation. We are not financial, tax, or legal experts. Please do not rely on our information to make decisions about your finances, taxes or legal matters. Consult a qualified professional in your jurisdiction.
Participating organizations have chosen to actively participate in the “Sponsor Program” to be represented in the Sponsor Charity array in an effort to increase their exposure and the opportunity for more memorial donations to be made to their organization. A rate structure is agreed upon and assessed on each donation processed through that program according to each organization’s individual agreement. Giving through that program has helped many organizations realize a drastic and significant increase in net donations.
If a donation form has a line item of Convenience Fee. The Convenience fee is displayed to you prior to approving the charge to your payment card. The convenience fee is in addition to the donation amount, so they do not affect the amount reaching the charitable organization. For example, a $100 donation becomes a $101.50 transaction. The convenience fee is directed immediately to a for-profit service provider. According to IRS and CRA rules the tax deductible receipt will therefore only be issued for the subtotal amount.
My Tribute Gift Foundation seeks to distribute all funds to organizations provided they have maintained active 501c3 certification in the United States or registered charity status in Canada. MTG relies on the beneficiary organizations to maintain and keep up to date contact information on file with the IRS or CRA respectively. This must be done in order for My Tribute Gift Foundation to exercise care and reasonable efforts to distribute payment promptly, without undue cost and burden to the foundation. In the event that a payment has not been deposited 12 months from issuance, the foundation reserves the right to utilize those funds in its mission to the foundation.
My Tribute Gift Foundation reserves the right to modify, change, discontinue and suspend these Terms of Use, the Website, and/or any services offered through the Website, in whole or in part, at any time, without prior notice to you. Your continued access or use of the Website after modifications to these Terms of Use have been posted on the Website shall indicate your acceptance of and agreement to be bound by these Terms of Use as modified. It is your responsibility to review these Terms of Use regularly.
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If a donation form has a line item of Convenience Fee. The Convenience fee is displayed to you prior to approving the charge to your payment card. The convenience fee is in addition to the donation amount, so they do not affect the amount reaching the charitable organization. For example, a $100 donation becomes a $101.50 transaction. The convenience fee is directed immediately to a for-profit service provider. According to IRS and CRA rules the tax deductible receipt will therefore only be issued for the subtotal amount.