This website with its home page at The Haley Moore Foundation (the “Website”) is an informational and interactive website offered by Haley Moore Foundation., a California nonprofit corporation at no charge to users of the World Wide Web, with the express condition that such users agree to be bound by the terms and conditions set forth in this User Agreement. Haley Moore Foundation reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.
DESCRIPTION OF SERVICES
The Haley Moore Foundation is a charitable, nonprofit corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code (“I.R.C.”). Haley Moore Foundation, herein referred to as HMF, provides users a platform for creating donor advised funds and restricted funds, as well as access to an extensive amount of resources through the Website, including, but not limited to, information regarding charities and affiliated/partner organizations, online tools, and other communication tools that may or may not allow for personalization (the “Service”). HMF assumes no responsibility or liability for the timeliness, deletion, misdelivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by the end user.
GENERAL PRACTICES REGARDING USE AND STORAGE
Users acknowledge that HMF may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that postings or other uploaded content are retained by the Website, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that HMF has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website servers.
By submitting communications or content (including, but not limited to stories, photos, videos) to any part of this Website, blog, or social media sites, where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed and remain the property of HMF. You grant and warrant that the owner of such content has expressly granted HMF and its designees a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Such license is freely assignable by HMF at its sole discretion.
MODIFICATIONS TO THE SERVICE
HMF reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HMF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY HMF ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HMF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HMF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HMF DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM HMF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HMF AND ITS DESIGNEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that you will hold harmless HMF, its agents and designees, and each of the foregoing’s officers, directors, employees, members, managers, agents, contractors and volunteers (the “Released Parties”) from all claims arising out of or related to your access or use of, or your inability to access or use, the Service, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will HMF or the contributors of information to this Website and/or the Service be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
HMF may provide links on the Website to other websites which are not under the control of HMF. In general, any website which has an address (or URL) which does not contain HMF's current URL is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by HMF of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website unless they are expressly stated as a "Partner" of The Haley Moore Foundation.
If you wish to make a donation to The Haley Moore Foundation through the Website or through a linked-to website operated by HMF’s payment processor for donations (a “Donation”), you may be asked to supply certain information relevant to your Donation, including without limitation your credit card number or other payment account number and your billing address. YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU TO INITIATE ANY DONATION. By submitting such information, you grant Haley Moore Foundation or its payment processor the right to provide such information to third parties for purposes of facilitating the completion of Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Donation. HMF reserves the right, at its sole discretion, to refuse or cancel any Donation for any reason. HMF or its payment processor may automatically process charges against your selected payment method on the receipt page. HMF or its payment processor will inform you if all or any portion of your Donation is canceled or if additional or different information is required to accept your Donation.
USAGE OF MATERIAL
Except as to Public Content, and unless otherwise indicated, all information contained on this Website, such as text, graphics, logos, button icons, images, audio, and other copyrightable material (collectively “Material”), is copyrighted by, and proprietary to The Haley Moore Foundation and/or its licensors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without HMF’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website. The user may also make a single copy of the Material displayed on any page of the Website to be used by the user for personal and noncommercial uses which do not harm the reputation of HMF, provided that the user does not remove any legal notices, including any trademark, copyright or other notices contained in such Material.
TRADEMARKS / COPYRIGHTS / RIGHT OF PUBLICITY
All trademarks and service marks appearing on the Website are owned by Haley Moore Foundation and/or its licensors, or their respective owners, including without limitation The Haley Moore Foundation word mark and logo, and "Dream...Believe...Achieve. Other than as expressly allowed herein, the use of such trademarks and/or service marks without the prior written consent of HMF is expressly prohibited and all rights thereto are reserved.
This Website (excluding linked sites) is controlled by HMF, which is headquartered in the State of California, United States of America. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Website both you and HMF agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, or enforcement of the terms of this User Agreement.
All contributions made through the HMF Website or utilizing the services provided by HMF are complete, final, and non-refundable charitable gifts to HMF only. Only the authorized credit card holder may donate on the HMF Website, and you may not enter donations on behalf of donors, although you can facilitate such donations (e.g., setting up a kiosk where donors enter their card information directly). HMF will follow its normal charitable contribution receipting process in acknowledging charitable contributions. You may send thank-you correspondence to donors contributing through your charity’s Fundraising Page and events, but you are not permitted to issue any charitable contribution receipts, either independently or in conjunction with HMF’s name or tax identification number. HMF will issue charitable contribution receipts for donations made to HMF by check and through the HMF Website and/or email address.
NO GOODS OR SERVICES IN EXCHANGE FOR DONATIONS
Federal law prohibits you from promising or providing goods and services (e.g., tickets to events or raffles) in exchange for making a donation to a donor advised fund such as Haley Moore Foundation. Haley Moore Foundation may only accept pure contributions and not part gift and part sale transactions. Therefore, you agree that you shall not promise or provide any goods or services, including admissions to events to donors in exchange for a donation to HMF advised for your charity.