Terms and Conditions

Welcome to ChrisLongFoundation.org and thank you for your interest in our organization. ChrisLongFoundation.org is an organization dedicated to bettering communities and the people that make up those communities. ChrisLongFoundation.org funds clean water, youth and military support initiatives and engages in raising money to continue to support these initiatives. The following terms and conditions govern all use of the ChrisLongFoundation.org website and all content, services and products available at or through the website, including, but not limited to, www.chrislongfoundation.org, stripe.com, waterboys.org and associated social media accounts that publish information on this website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Privacy Policy and procedures that may be published from time to time on this Site by ChrisLongFoundation.org (collectively, the “Agreement”). If you reside in the United States, your agreement is with ChrisLongFoundation.org and the owner of the website, the Chris Long Foundation.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ChrisLongFoundation.org, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

By using this website and/or registering to donate to ChrisLongFoundation.org, you are hereby agreeing to the following terms and conditions:

PERSONAL INFORMATION. In order to donate to ChrisLongFoundation.org you will be asked provide certain data and personal information. Your completion of the online donation submission form will be considered as your attestation that the information you have provided is true and correct and that you will notify of ChrisLongFoundation.org of any changes in your information. By making a donation, you are hereby affirming that you have read these requirements and are of suitable age to make a donation to ChrisLongFoundation.org. By submitting your donation form, you agree that ChrisLongFoundation.org may access information associated with your donation and send messages and/or notices regarding our organization using the email address provided with your donation in accordance with the Privacy Policy. These terms and conditions will apply separately to each single donation that you make.
If you do not agree with all of the Terms and Conditions set forth on this page, please do not continue with your donation. Anyone who does not agree to submit to these terms and conditions is not eligible to make a donation through our site.

LICENSE. If you are thirteen (13) years of age or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access the ChrisLongFoundation.org Website and donation portal. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from our site. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

CONDUCT. As a user of the ChrisLongFoundation.org webpage, you agree to engage in respectful conduct. You must not post obscene materials, nor advertise or seek any services or goods that are prohibited by law. You agree not to harass, threaten or attempt to intimidate other users. You agree that if while using the ChrisLongFoundation.org site or engaging in transactions arising from your use of the site, you violate any of these provisions, we have the right to terminate your access to the site and remove any and all content posted by your account. We have full and final discretion in determining conduct that is inappropriate for this website. We has the right, at any time, to monitor and/or moderate the activity of individual users of this site.

USE & GENERAL RESTRICTIONS. The ChrisLongFoundation.org Donation Portal will be available to users who are ages thirteen (13) and older. No donation will be taken from a user under the age of thirteen (13). Furthermore, if any user making a donation is later found to be used or accessed by a user under the age of 13, the donation and user access to our site will immediately be terminated. As a user of the ChrisLongFoundation.org webpage you agree (1) not to use our site for any illegal purpose (2) not to post material, including photos, videos and text that is illegal (3) not to post material that you do not have the right to provide, transmit or distribute and (4) to refrain from any activity that may expose ChrisLongFoundation.org, its users or yourself or others to harm or liability. By using this website, you agree to use the ChrisLongFoundation.org webpage and Donation Portal for their intended purposes only. Users will not perform any activity that will harm the systems, software of equipment of ChrisLongFoundation.org and its users including but not limited to hacking activities, attempts to breach ChrisLongFoundation.org security systems and inducing viruses, malware, spyware or any other harmful material.

DONATIONS. If you choose to make a donation, your donation is to ChrisLongFoundation.org, a 501(c)(3) public charity that raises money to better communities and the individuals in communities through military support, youth and clean water programs. By making a donation you agree that ChrisLongFoundation.org has exclusive legal control over all donation amounts.

If you wish to make a donation ChrisLongFoundation.org will ask you to supply certain information applicable to your donation. All payments will be processed by the secure third party payment processor, Stripe, Inc. All information that you provide to the Company or any third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred.

All payment processing procedures will comply with all applicable payment security regulations. You will be solely responsible for providing any and all information required for completion of payment to the third party payment processor. ChrisLongFoundation.org cannot guarantee the security of data sent to us via email. Accordingly, we will not accept payment information for donations sent via email. You expressly agree that any information sent via email is done in violation of this Agreement and accept full risk of sending such information. ChrisLongFoundation.org will not process any payments using information sent via email and will not be liable for any unauthorized access to the information provided outside the scope of this agreement. Furthermore, you are solely responsible for protecting your own personal information and ChrisLongFoundation.org will not be liable for any unauthorized use of the information provided to us absent gross negligence on the part of ChrisLongFoundation.org. ChrisLongFoundation.org using a third party to process credit card information. It is your responsibility to review and comply with that third party’s terms of use and privacy policy.

ChrisLongFoundation.org welcomes specific requests from users who are making donations. We appreciate the feedback and will take note of all specific requests; however, such requests are collected for the purpose of gathering ideas. ChrisLongFoundation.org makes no guarantee that a donation made by a specific user will be applied to any specific request the user may make.

THIRD PARTY PAYMENT PROCESSOR. You hereby agree that, by consenting to making an online donation and providing information to our third party payment processor, you will comply with any and all applicable terms and conditions of the payment processor.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ChrisLongFoundation.org links, and that link to ChrisLongFoundation.org. ChrisLongFoundation.org does not have any control over those non-ChrisLongFoundation.org websites and webpages, and is not responsible for their contents or their use. By linking to a non-ChrisLongFoundation.org website or webpage, ChrisLongFoundation.org does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ChrisLongFoundation.org disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.

TAXES AND FEES. ChrisLongFoundation.org complies with all IRS rules and regulations related to its status as a non-profit organization and its collection of donations. Accordingly, by making an agreement you also agree to comply with the tax laws and regulations that apply to your donation. You agree to be responsible for any taxes due as a result of your donation. ChrisLongFoundation.org is not responsible for providing guidance to users regarding tax laws. Users who have questions about the tax implications of making a donation to ChrisLongFoundation.org should contact their personal accountant or the IRS directly.
You also agree to pay all fees associated with your donation, whether they be fees charged by the third party payment processor or otherwise. ChrisLongFoundation.org will not be responsible or liable to pay any fees charged to a user in relation to making a donation. This includes service or processing fees or interest fees charged by the third party payment processor or a user’s bank or credit card issuer.

ACCOUNT SECURITY. Users are responsible for keeping their account information secure. You will be responsible for all activity occurring under your registered account whether or not it is performed by you. You must notify ChrisLongFoundation.org of any unauthorized use of your account immediately.

DISCLAIMER. You agree and understand that states may have individual laws protecting its consumers and limiting the ability of consumers to waive certain rights. ChrisLongFoundation.org respects and honors these laws and will not consider any right waived if such waiver is expressly prohibited by law in the user’s jurisdiction.

SERVICE, WARRANTY & LIABILITY. You hereby agree that you are solely responsible for your actions. You hereby agree that any claim, cause of action or dispute relating to the Terms and Conditions of ChrisLongFoundation.org or your use of our website will be governed by the laws of Missouri. You agree to submit personal jurisdiction to the state and federal courts of Saint Louis, MO and waive your right to remove any such claims or actions to another jurisdiction. You also agree that any claims or actions must be brought within one (1) year of the date of the incident complained of. If said claims are not brought within one year, you agree that said claims are forever and irrevocably waived by you and your heirs, agents and assigns. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Missouri, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Christian County, Missouri. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Springfield, MO, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ChrisLongFoundation.org may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, CHRISLONGFOUNDATION.ORG DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER RELATING ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF RESULTS, OF LACK OF NEGLIGENCE, OF A LACK OF VIRUSES OR ERRORS, AVAILABILITY, TIMELINESS, OR OF ACCURACY OR COMPLETENESS OF RESPONSES, ALL WITH REGARD TO ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER. THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO ANY MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED HEREUNDER.

You agree to indemnify and hold harmless ChrisLongFoundation.org and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of our webpage and Donation Portal (collectively “Claims”), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.

CHRISLONGFOUNDATION.ORG’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNT OF THE DONATION PAID BY YOU.

(USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS.
UNDER NO CIRCUMSTANCES SHALL THE CHRISLONGFOUNDATION.ORGOR THE CHRISLONGFOUNDATION.ORG PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE WEBSITE AND/OR DONATION PORTAL.

RIGHT TO TERMINATION. You agree that ChrisLongFoundation.org has the exclusive right to terminate your use of our webpage at any time and for any reason. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

RESERVATION OF RIGHTS. ChrisLongFoundation.org reserves the exclusive right to make changes to the webpage, its donation portal, terms and conditions or services at any time without notice. Users are responsible for reviewing the Terms and Conditions on a regular basis to be advised of any changes.

FEEDBACK. ChrisLongFoundation.org welcomes your feedback. Any feedback provided to ChrisLongFoundation.org including but not limited to ideas, suggestions, improvements or questions will not be treated as confidential and will become the sole property of ChrisLongFoundation.org regardless of the nature of the information. Any information considered by a user to be his or her own intellectual property will become the intellectual property of ChrisLongFoundation.org immediately upon submission. Users who submit material of any type of ChrisLongFoundation.org will not be entitled to compensation of any kind. ChrisLongFoundation.org will have the sole right to reproduce, utilize, share any feedback submitted by users. ChrisLongFoundation.org will also have the sole right to create derivative works based upon user feedback. Feedback may be submitted in the “Specific Requests” field of the Donation Portal or may be submitted to events@chrislongfoundation.org.

PROTECTION OF USER RIGHTS. ChrisLongFoundation.org is committed to protecting its users against infringement. ChrisLongFoundation.org will comply with the Digital Millennium Copyright Act and all other intellectual property laws when notified of an alleged infringement by a user. ChrisLongFoundation.org will investigate all such allegations and will take appropriate actions including removing or disabling access to the materials involved in the infringement. You should report any materials available on our webpage that infringe on any copyright you own or control or that makes a link available to an external site that contains copyrighted material that you own or control. Notice of alleged infringements must be reported to ChrisLongFoundation.org in writing and sent to ChrisLongFoundation.org via fax or regular mail. This notice must include the signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work you are alleging to be infringed upon; a description of the location where the infringed material is located on the our webpage; detailed contact information for the person authorized to act on behalf of the owner of the copyright interest; and a signed statement by the person authorized to act on behalf of the copyrighted interest stating that the infringement report is being made in good faith and that the information contained in the infringement report is accurate and that you are the owner of the copyrighted interest or authorized to act on his or her behalf. This information should be sent to Foundation Director either by email to events@chrislongfoundation.org.
Please note that you may be held responsible for any costs associated with the investigation of a false report of infringement.