1. General The O’Toole Family Foundation (the “Foundation”) offers this website (the “Website”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies, and notices posted throughout the Website. By using the Website, you signify your assent to these Terms of Use and any subsequent modifications. We may revise these Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use this Website as they are binding on you. If you do not agree to the Terms of Use set forth here, please do not use this Website.

2. No Endorsement. Unless otherwise specifically indicated, the presence of information on the Website regarding any nonprofit organization does not mean that the Foundation endorses or supports that organization. The information is provided by the nonprofit organization itself or obtained from publicly available data. The Foundation does not guarantee the accuracy of any such data or make any representations or warranties with regard to any nonprofit organization information presented. An organizational profile or other information, as viewed or printed from this system, is not intended to be a user’s complete source of information regarding an organization. Rather, it can serve as a way for a user to initially screen an organization and decide if that organization warrants further examination. Whenever possible, the Foundation will attempt to provide explanation for any data discrepancies. If prospective donors have further questions about an organization, they may either contact the organization directly or contact the Foundation.

3. Third Party Links. The Website may contain links to third-party websites which are not under the control of the Foundation. The Foundation is not responsible for the content of any linked site or for any link contained in a linked site, or any changes or updates to such sites. The Foundation is providing these links to you only as a convenience, and the inclusion of any link does now imply that the Foundation endorses, guarantees, or accepts any responsibility for the content on such a third-party website. If you link to a third-party website, you will be subject to such website’s legal terms and policies including, without limitation, such website’s terms of use and privacy policy.

4. No Financial, Legal or Tax Advice. The information on the Website is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.

5. Copyright and Ownership. All of the content featured or displayed on the Website (“Content”) is owned by the Foundation, its licensors and/or its Content providers. All elements of the Website, including without limitation the design and the Content, are protected by copyright, trademark and other laws relating to intellectual property.

6. Trademarks. All trademarks, service marks and trade names of the Foundation or its partners, vendors or licensors used herein (including, but not limited to, the Foundation name and the Foundation logo) (collectively “Marks”) are trademarks or registered trademarks of the Foundation or its partners, vendors or licensors.

7. Personal and Noncommercial Use. The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to the Foundation that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Certain information available through the Website may relate to various laws. Such information should not be considered legal or financial advice. The Foundation is not acting as your lawyer or financial advisor.

8. Use by Persons Under 18 is Restricted. In accordance with federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy, the Foundation will not knowingly collect any personal information from young people under the age of 18. This Website is restricted to users who are 18 and older.

9. Disclaimer of Warranties. Without limiting the foregoing, everything on the Website is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, covering the accuracy of the information contained within the Website. The Foundation makes no warranties about the accuracy, reliability, completeness or timeliness of the Website content, software text, graphics, and links, or about results to be obtained from using the Website or the Foundation services.

10. Limitation of Liability. In no event shall the Foundation or any third parties mentioned on the Website be liable for any costs, damages and expenses whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website or the content of the Website, whether based on warranty, contract, tort or any other legal theory, and whether or not the Foundation is advised of the possibility of such damages. The Foundation shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed U.S. $100.00 (one hundred dollars). Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.

11. Indemnification. You agree to defend, indemnify and hold the Foundation, its officers, directors, employees and agents, sponsors and grantees, licensors, vendors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website in a manner that violates or is alleged to violate these Terms of Use.

12. Termination. You agree that the Foundation may terminate your use of the Website if the Foundation reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use of Use, or violated the rights of the Foundation or any third party, or for any reason with or without notice to you. You agree that the Foundation may modify or discontinue the Website, with or without notice to you. You agree that the Foundation will not be liable to you or any third party as a result of such modification or discontinuation.

13. General Provisions. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Last Updated: February 13, 2023