Terms and Conditions

To use the Site, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Site; and (iii) use the Site in compliance with any and all applicable laws and regulations.

You agree not to:

A. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;

B. Violate or encourage others to violate the rights of the Foundation or any third parties, including intellectual property rights;

C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

D. Interfere in any way with security-related features of the Site;

E. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;

F. Access, monitor, or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without the Foundation’s express written permission;

G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or

H. Sell or otherwise transfer the access granted herein.

As part of the Site, you may receive notifications, alerts, emails, or other types of electronic communications regarding the Site. You acknowledge and agree that you may receive communications from us electronically, such as via e-mail or text message or through notices and messages on our Site. By agreeing to receive messages from the Foundation, you understand that messaging frequency varies, and message/data rates may apply. To opt out, reply STOP. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you. Additionally, we may use third party vendors to communicate with you. To the extent you have any questions, please refer to their terms of use.

The Site may contain links to third party websites and services. The Foundation provides such links as convenience and does not control or endorse these websites and services. You acknowledge and agree that the Foundation has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. The Foundation, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.

You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to the Foundation through this Site. This site is protected by applicable copyright and other intellectual property laws, and no materials from the site may be copied, reproduced, uploaded, posted, transmitted, or distributed in any way without our express permission.

The pictorial works, graphic works, literary works, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Foundation website are protected by copyright laws. The owners of the copyrighted materials retain their copyright, in data, image, text, and any other information contained on this website. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to the Foundation. The Foundation expressly prohibits the copying of any protected materials on this website.

You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless the Foundation from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. The Foundation reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.

If you violate these Terms, your permission to use the Site will automatically terminate. In addition, the Foundation in its sole discretion, may suspend or terminate some or all your access to the Site at any time, with or without notice to you.

The Foundation reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.

We reserve the right to refuse, limit, or cancel any order placed through the Foundation’s website. This right may be exercised in the Foundation’s sole discretion and applied on a per customer, per address, per payment account, or per order basis. Furthermore, we reserve the right, in our sole discretion, to limit or prohibit orders that appear to be placed by dealers, resellers or distributors. If we suspect or discover that you are using the Foundation’s website for any fraudulent or unlawful purpose, or if you submit false or suspicious information to the Foundation’s website then we may block you from making future purchases.

The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although the Foundation seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. The Foundation specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. The Foundation does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.

We will not sell, license, or otherwise disclose or transfer your personal information to any third party without your express permission, except where required by law, necessary to provide the services you have requested, or to protect our legal rights or the rights, property, or safety of others.

In no event will the Foundation be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Foundation has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

These Terms are governed by the laws of the United States and the State of New York, without regard to conflict of law principles. Subject to Section 14, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and the Foundation agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York County, New York, for the purpose of litigating any such disputes.

In the interest of resolving disputes between you and the Foundation in the most expedient and cost-effective manner, you and the Foundation agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

The Foundation reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that the Foundation will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

A. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you the Foundation regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.

B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

If you are a New York resident and have a complaint about this charitable organization or its activities, you may contact the Charities Bureau of the New York State Attorney General’s Office to obtain further information or assistance. You may reach the Charities Bureau in writing at: Office of the New York State Attorney General, Charities Bureau, 28 Liberty Street, New York, NY 10005, or by telephone at (212) 416-8401. Additional information is available on the Charities Bureau website at https://www.charitiesnyc.com.