Give in Memory Of James Esper, D.O.

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.

What is personal information?

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.

What personal information does My Tribute Gift Foundation collect?

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:

IP address to measure our website traffic and to help provide a more personalized experience;
Information regarding your browser and other technical specifications required to use our Sites;
Your transaction history relating to the use of our services;
Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of our Sites; and
Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites.

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.

How does MTGF Use Your Personal Information?

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.

Cookies and Similar Technologies

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

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:

Session cookies
Session cookies are stored on the user’s hard drive temporarily and are deleted when the user ends the browsing session. Session cookies are useful for things like keeping items in a shopping cart while the user continues to browse.
Persistent cookies
Persistent cookies stay on the user’s hard drive until they expire, even after the browser is closed. Persistent cookies are useful for remembering things like login information, so users do not have to enter their password every time they visit the Site.

Clear GIFs

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 .

Protecting personal information.

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.

Does MTGF Disclose Personal Information?

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.

Accuracy of Personal Information

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.

Retention of Personal Information

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.

Children

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.

For EU Residents

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:

The right to access and inspect your personal information or to be provided with a permanent copy of the information being held about you;
The right to request the correction of any inaccuracies in your personal information or where the accuracy of information is disputed, to add additional information to give notice that you dispute the accuracy of the information content;
The right to request the erasure of your personal information, particularly where the continued processing of the information is no longer necessary;
The right to object to the processing of your personal information, particularly where there are no longer sufficient legitimate grounds for us to continue processing the information;
The right to restrict processing, data portability and the right to appeal any automated decision making or profiling; and
The right to complain to a Data Protection Regulator about our processing of your personal information.

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.

Withdrawing Your Consent

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.

Changes to our Privacy Policy:

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.

Contacting MTGF:

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.

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.

What is personal information?

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.

What personal information does My Tribute Gift Foundation collect?

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:

IP address to measure our website traffic and to help provide a more personalized experience;
Information regarding your browser and other technical specifications required to use our Sites;
Your transaction history relating to the use of our services;
Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of our Sites; and
Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites.

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.

How does MTGF Use Your Personal Information?

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.

Cookies and Similar Technologies

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

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:

Session cookies
Session cookies are stored on the user’s hard drive temporarily and are deleted when the user ends the browsing session. Session cookies are useful for things like keeping items in a shopping cart while the user continues to browse.
Persistent cookies
Persistent cookies stay on the user’s hard drive until they expire, even after the browser is closed. Persistent cookies are useful for remembering things like login information, so users do not have to enter their password every time they visit the Site.

Clear GIFs

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.

Protecting personal information.

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.

Does MTGF Disclose Personal Information?

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.

Accuracy of Personal Information

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.

Retention of Personal Information

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.

Children

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.

For EU Residents

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:

The right to access and inspect your personal information or to be provided with a permanent copy of the information being held about you;
The right to request the correction of any inaccuracies in your personal information or where the accuracy of information is disputed, to add additional information to give notice that you dispute the accuracy of the information content;
The right to request the erasure of your personal information, particularly where the continued processing of the information is no longer necessary;
The right to object to the processing of your personal information, particularly where there are no longer sufficient legitimate grounds for us to continue processing the information;
The right to restrict processing, data portability and the right to appeal any automated decision making or profiling; and
The right to complain to a Data Protection Regulator about our processing of your personal information.

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.

Withdrawing Your Consent

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.

For California Residents: Your California Privacy Rights

Access and Correction Rights

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.

Do Not Track Signals

Our Sites do not respond to browsers’ Do Not Track signals.

Changes to our Privacy Policy:

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.

Contacting MTGF:

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.

Acceptance

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.

How Does Our Online Charitable Giving Portal Work?

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.

Tips

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.

Your Use

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.

Intellectual Property

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.

Children

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.

Links

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.

Disclaimer

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.

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 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.

Donations

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.

Sponsor Charities

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.

Convenience Fee

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.

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

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.

In Memory of James Esper, D.O.

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James Esper, D.O.

In Memory of James Esper, D.O.

James Esper, D.O.

How Do Online Donations Work

Privacy Policy

What is personal information?

What personal information does My Tribute Gift Foundation collect?

How does MTGF Use Your Personal Information?

Cookies and Similar Technologies

Cookies

Clear GIFs

Protecting personal information.

Does MTGF Disclose Personal Information?

Accuracy of Personal Information

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