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Terms and Conditions of Use

The Truly Alive Youth and Family Foundation Inc. is committed to providing services in accordance to applicable legislative laws, as well as the administrative policies as engrained in our organizational culture, values, and strategies. We are committed to safeguarding all personal information entrusted to us by our donors, program volunteers, and other individuals, in accordance with any legislation relevant to the protection of personal information that is applicable to us.

By using the Truly Alive Foundation Site, or any of the products or services (collectively, the “Services”) available on the Truly Alive Foundation Site, including Services offered on a payment basis (each a “Pay Service”), you agree, without limitation or qualification, to be bound by these terms and conditions (the “Terms and Conditions”) and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of the Truly Alive Foundation Site or Service, all as may be modified by Truly Alive Foundation from time to time in accordance with these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use the Truly Alive Foundation Site or any of the Services on the Truly Alive Foundation Site and must terminate any applicable Pay Services Agreement.

If you are using the Truly Alive Foundation Site on behalf of any entity, you represent that you are authorized to accept these Terms and Conditions as a legal proxy, serving on behalf of such entity, and that such entity agrees to indemnify you and the Truly Alive Foundation for violation of these terms and conditions.

At the sole discretion of the Truly Alive Foundation, these Terms and Conditions may be modified or revised at any time, and by using this Site, you agree to be bound by such modifications. Any modification will be deemed effective immediately upon posting of the revisions on the Truly Alive Foundation Site, and you waive any right you may have to receive any prior or specific notice of such modifications. By continuing to use the Truly Alive Foundation Site, following the posting of changes and modifications, confirm your acceptance of such changes or modifications. You are therefore advised to periodically check for updates on the Terms and Conditions as applicable to your purpose of using the Truly Alive Foundation Site.

Filling out a form/creation of Accounts:

Creation of accounts or registration management requires clarification of identity as an individual, not an account on behalf of any organization with which you are affiliated. You may acknowledge that you represent an organization, but please use your own name in the ‘First Name’ and ‘Last Name’ fields. Accounts that appear to have inaccurate individual information will be suspended immediately.

Subscription/Membership Termination

You may terminate your Account at any time by accessing the “Delete Account”. All terminations will be effective immediately.

Restrictions On Use Of Materials

All Content available on the Truly Alive Foundation Site, including the manner in which such Content is presented, and the Services are: Copyright © Truly Alive Youth and Family Foundation Inc. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Truly Alive Foundation and/or its licensors grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal, private and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Truly Alive Foundation Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

Content and Conduct

Truly Alive Foundation Site includes interactive areas and services (“Interactive Areas”), in which you or other users create, post or store content, messages, materials, data, music, photos, video, graphics, or other items or materials on the Site (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Truly Alive Foundation Site any of the following: (a) User content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You represent lawful right by posting any User Content and the right to distribute such User Content; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Political campaign, advertisement or solicitations, unsolicited promotions; (f) User Content that, in the sole judgment of Truly Alive Foundation, restricts or inhibits any other person from using or enjoying the Interactive Areas or the Truly Alive Site, or which may expose Truly Alive Foundation Site or its users to any harm or liability of any type.

Trademarks

Truly Alive Youth and Family Foundation Inc., trulyalivefoundation.org, and all associated designs and logos are trademarks of Truly Alive Youth and Family Foundation Inc. All other product, brand and company names and logos used or mentioned on the Truly Alive Foundation Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on the Truly Alive Foundation Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHARITYVILLAGE SITE AND ANY OF THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EACH OF CHARITYVILLAGE, ITS AGENTS, REPRESENTATIVES AND LICENSORS DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHARITYVILLAGE LTD. SPECIFICALLY MAKES NO WARRANTIES THAT THE CHARITYVILLAGE SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE CHARITYVILLAGE SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Disclaimer Regarding Search Content

Any and all pictures, sounds, sound effects, sound recordings, graphics, video, audio-visual works and any other works (the “Multimedia Content”) located through the Truly Alive Foundation Site’s search services are protected by copyright and/or other intellectual property laws. Truly Alive Foundation does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Truly Alive Foundation Site, all of the Multimedia Content contained on such sites is owned and served by entities other than Truly Alive Foundation Inc. Truly Alive Foundation provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the Truly Alive Foundation Site’s search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.

Content Linked To Truly Alive Foundation Site:

You are highly advised to exercise discretion while browsing the Internet. Please note that certain links on the Truly Alive Foundation Site may take you to other websites. Truly Alive Foundation provides these links only as a convenience and not as an endorsement by Truly Alive Youth and Family Foundation Inc. These linked sites are not under the control of Truly Alive Foundation. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Truly Alive Foundation is not responsible for the content of any such linked sites or any other web page that is not part of the Truly Alive Foundation Site and under Truly Alive Foundation’s control. Unless otherwise expressly provided, Truly Alive Youth and Family Foundation Inc. makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Truly Alive Foundation will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Truly Alive Foundation Site.

Dealings With Third Parties

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Truly Alive Foundation Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Truly Alive Foundation assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions will be yours alone. You agree that Truly Alive Youth and Family Foundation Inc. will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

Termination

Truly Alive Foundation reserves the right to suspend or terminate your Account and your access to the Site, Services and Content, including Pay Services, at any time for convenience, or for any other reason, including without limitation, if: (a) the Account Credit Card is invalid for any reason; (b) you give Truly Alive Foundation and/or its affiliates or licensors false or misleading information; (c) Truly Alive Foundation and/or its affiliates or licensors does not receive any payment when due; or (d) Truly Alive Foundation has determined, in its sole discretion, that the use of the Truly Alive Foundation Site or of any Services through your Account is, or was in breach of these Terms and Conditions or you are using the Services for unlawful or improper use. Any such termination by Truly Alive Foundation will be in addition to and without prejudice to such rights and remedies as may be available to Truly Alive Foundation, including injunction and other equitable remedies. Your ability to use the Pay Services is also subject to any limits established by Truly Alive Foundation or by your Account Credit Card issuer. If Fees cannot be charged to your Account Credit Card or your charge is returned for any reason, including chargeback, Truly Alive Foundation reserves the right to either suspend or terminate your Pay Services Account and your access to the Pay Services. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your Account, these Terms and Conditions and your Pay Services Agreement.

Indemnification

You agree to defend, indemnify and hold harmless each member of Truly Alive Youth and Family Foundation Inc. and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Truly Alive Foundation Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of the Truly Alive Foundation Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Truly Alive Foundation Site or through any of the Services. You will use your best efforts to cooperate with Truly Alive Youth and Family Foundation Inc. in the defense of any claim. Truly Alive Youth and Family Foundation Inc. reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL TRULY ALIVE YOUTH AND FAMILY FOUNDATION INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER TRULY ALIVE FOUNDATION HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF THE TRULY ALIVE FOUNDATION SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE TRULY ALIVE FOUNDATION SITE OR ANY OF THE SERVICES.

You expressly acknowledge that Truly Alive Youth and Family Foundation Inc. has entered into your Pay Services Agreement and these Terms and Conditions, and has and will make certain Sites, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Truly Alive Youth and Family Foundation Inc. You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of your Pay Services Agreement or these Terms and Conditions.

Privacy

Please consult our Private Policy for information on how user information is collected, used and disclosed by Truly Alive Foundation in connection with your use of the Truly Alive Foundation Site and any of the Services.

General Provisions

These Terms and Conditions and any Pay Services Agreement you have entered into are personal to you, and you may not assign your rights or obligations to anyone. Your Pay Services Agreement and these Terms and Conditions constitute the entire agreement between Truly Alive Youth and Family Foundation Inc. and you, pertaining to your use of the Truly Alive Foundation Site, Services and Content and supercede any prior agreements between you and Truly Alive Foundation with respect to the subject matter hereof. Truly Alive Foundation’s failure to insist upon or enforce strict performance of any right or provision of your Pay Services Agreement or these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in your Pay Services Agreement or these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein. Except where prohibited by applicable law, any cause of action you may have with respect to your use of the Truly Alive Foundation Site or which is the subject of your Pay Services Agreement or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. No changes to your Pay Services Agreement or these Terms and Conditions will be made except as expressly contemplated herein. The parties have required that your Pay Services Agreement and these Terms and Conditions and all documents relating thereto be drawn up in English.