Terms Of Use

Acceptance

Our Tribute Fund makes this Memorial Crowd Funding portal web page OurTributeFund.com (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.

How Do Funeral Contributions Work?

Your contribution will be processed through Our Tribute Fund for distribution to the funeral home or funeral service provider. Your credit card transaction record will appear as Our Tribute Fund. A receipt for your contribution will be issued and emailed by OurTributeFund.com. Please note that the financial institutions charge 3% for credit card processing, and Our Tribute Fund collects a 5% administrative/platform fee. These fees help cover the cost of processing all contributions, software/website maintenance, and the sharing and sending of all appropriate information to the selected service provider and the family themselves. These fees are assumed and deducted from each contribution, but you will receive a receipt for the full amount of your contribution. There are NO additional costs the service provider has to endure to participate and accept contributions through OurTributeFund.com. Our Tribute Fund helps ensure that contributed funds go to the services they were intended to provide financial assistance for.

Your Use

You warrant and represent that all information and materials you provide to Our Tribute Fund, 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.

Intellectual Property

Our Tribute Fund 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 Our Tribute Fund 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.

"Our Tribute Fund" and the "Our Tribute Fund" logo are registered trade-marks of Our Tribute Fund Inc.  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 license.

By providing information to the Website, you grant to Our Tribute Fund 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.

Children

Our Tribute Fund 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.  

Links

The Website may contain links to other websites (“Linked Sites”), which are owned and operated by independent parties over whom Our Tribute Fund has no control. Use of any Linked Site is entirely at your own risk. Our Tribute Fund makes no representations or warranties as to the Linked Sites and disclaims all liability and responsibility for the Linked Sites.

Disclaimer

OUR TRIBUTE FUND 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 OUR TRIBUTE FUND  OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, AND AGENTS (THE " 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 COMPANY 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 COMPANY PARTY IS ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.

Indemnity. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY 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.

Severability

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.

Jurisdiction

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.

General

These Terms of Use constitute the entire agreement between you and Our Tribute Fund  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 Our Tribute Fund Inc.  

Remittances

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.

Changes

Our Tribute Fund 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.

© Our Tribute Fund 2021.  All rights reserved.