1. Introduction

Welcome to the Friends of Kimbell website ("Site"), located at https://friendsofkimbell.org. These Terms of Service ("Terms") govern your access to and use of our website and services. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

The Friends of Kimbell ("we," "us," or "our") is a group of community members dedicated to creating a flourishing garden at the Kimbell Recreation Area.

2. Contact Information

Friends of Kimbell
Email: contact@friendsofkimbell.org

3. Services and Site Usage

3.1 Services Offered

Our Site provides information about our organization, its mission, activities, events, and ways to support our cause. Services may include membership registration, donation processing, event registration, newsletter subscriptions, etc.

3.2 Acceptable Use

You agree to use our Site only for lawful purposes and in a manner that does not infringe upon the rights of others or inhibit their use and enjoyment of the Site. Prohibited activities include, but are not limited to:

• Violating any applicable laws or regulations
• Uploading or transmitting viruses or malicious code
• Collecting or harvesting data without consent
• Attempting to gain unauthorized access to our systems
• Using our Site for commercial purposes without our permission

4. User Accounts and Registration

4.1 Account Creation

To access certain features of our Site, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information about yourself.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

4.3 Account Termination

We reserve the right to suspend or terminate your account and access to our services at our discretion, particularly if you violate these Terms.

5. Content and Intellectual Property

5.1 Ownership

All content on our Site, including text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Friends of Kimbell or its content suppliers and is protected by United States and international copyright laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Site for personal, non-commercial purposes.

5.3 User-Generated Content

By submitting content to our Site (such as comments, posts, or photos), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

6. Privacy Policy

6.1 Data Collection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

6.2 Cookies

Our Site uses cookies to enhance user experience. By using our Site, you consent to our use of cookies in accordance with our Privacy Policy.

7. Donations and Payments

7.1 Payment Processing

Donations and payments made through our Site are processed by secure third-party payment processors. By making a donation or payment, you agree to the terms and conditions of these third-party processors.

7.2 Refund Policy for Donations

Charitable donations to Friends of Kimbell are generally non-refundable. However, in cases of demonstrable error in transaction processing (such as duplicate charges or technical errors resulting in incorrect amounts), we will issue refunds when requested within 60 days of the donation date. Refund requests will be evaluated on a case-by-case basis at our discretion for other exceptional circumstances.

Tax Implications of Refunded Donations:

Please be aware that if you claimed a tax deduction for your donation and subsequently receive a refund, you may need to amend your tax return accordingly. Under IRS regulations, a refunded donation is no longer tax-deductible, and it is the donor's responsibility to report this change when filing taxes. If a donation was made in one tax year and refunded in another, you may need to report the refund as income in the year it was received or amend the previous year's return, depending on your tax situation. We recommend consulting with a tax professional regarding the specific implications for your circumstances.

To request a refund, please contact us at refund@friendsofkimbell.org with your name, donation date, amount, and reason for the refund request.

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

OUR SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

8.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FRIENDS OF KIMBELL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS or REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

9. Indemnification

You agree to indemnify, defend, and hold harmless Friends of Kimbell, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of our Site or your violation of these Terms.

10. Dispute Resolution

10.1 Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

10.2 Dispute Resolution

Any dispute that arises from or relating to these Terms or your use of our Site will first be resolved through good-faith negotiation. If such negotiation fails, the dispute shall be subject to the state and federal courts' exclusive jurisdiction in San Francisco County, California. Both parties consent to the personal jurisdiction of such courts and waive any objection to venue in these courts. Each party shall bear its costs, including attorney's fees, associated with the litigation process. Nothing in this section precludes either party from seeking injunctive relief to protect intellectual property rights or prevent irreparable harm.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Site and updating the "Last Updated" date. Your continued use of our Site after such modifications will constitute your acknowledgment and acceptance of the modified Terms.

12. Miscellaneous

12.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

12.2 Entire Agreement

These Terms constitute the entire agreement between you and Friends of Kimbell regarding our Site and supersede all prior agreements and understandings.

12.3 Contact

If you have any questions about these Terms, please contact us at contact@friendsofkimbell.org.

1. Introduction

Welcome to the Friends of Kimbell website ("Site"), located at https://friendsofkimbell.org. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website and use our services.

We respect your privacy and are committed to protecting your personal data. Please read this Privacy Policy carefully to understand our practices regarding your personal information and how we will treat it. By using our Site, you consent to the data practices described in this Privacy Policy.

2. Information We Collect

2.1 Personal Information

We may collect personal information that you voluntarily provide to us when you:

• Register for an account
• Make a donation
• Sign up for our newsletter
• Register for events
• Contact us with inquiries
• Participate in surveys or promotions

This information may include:

• Contact information (such as name, email address, mailing address, phone number)
• Billing information (such as credit card information, billing address)
• Demographic information (such as age, location)
• Other information you choose to provide

2.2 Automatically Collected Information

When you visit our Site, we may automatically collect certain information about your device and usage patterns. This might include:

• IP address
• Browser type and version
• Operating system
• Referring website
• Date and time of access
• Pages viewed
• Time spent on pages
• Clickstream data
• Other statistics about your interactions with our Site

2.3 Cookies and Similar Technologies

We use cookies and similar tracking technologies to track activity on our Site and hold certain information. Cookies are files with small amounts of data that may include an anonymous unique identifier. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

3. How We Use Your Information

We may use the information we collect for various purposes, including to:

• Provide, maintain, and improve our Site and services
• Process donations and transactions
• Send administrative information, such as confirmations and receipts
• Send communications about events, campaigns, and other initiatives
• Respond to your comments, questions, and requests
• Analyze and monitor usage patterns and trends
• Protect against, identify, and prevent fraud and other illegal activity
• Comply with our legal and regulatory obligations

4. Sharing Your Information

We may share your personal information in the following situations:

• With third-party service providers who perform services on our behalf (such as payment processing, data analysis, email delivery, and hosting services)
• To comply with applicable laws and regulations, respond to a subpoena, search warrant, or other lawful request for information
• To protect our rights, privacy, safety, or property
• In connection with, or during negotiations of, any merger, sale of organizational assets, financing, or acquisition
• With your consent or at your direction

We do not sell, rent, or trade your personal information to third parties for their marketing purposes.

5. Data Security

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

6. Data Retention

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy, or as needed to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Your Privacy Rights

7.1 Access and Update

You may review, update, or delete the personal information in your account by logging into your account settings or by contacting us directly.

7.2 Marketing Communications

You can opt-out of receiving promotional emails from us by following the unsubscribe instructions included in each such email or by contacting us directly.

7.3 California Privacy Rights

If you are a California resident, you have the rights outlined in this section. Please note that we may need to verify your identity before processing your request.

California Consumer Privacy Act (CCPA) Rights

Under the CCPA and California Privacy Rights Act (CPRA), California residents have the following rights:

• Right to Know : You have the right to request information about the categories and specific pieces of personal information we have collected about you, the categories of sources from which that information was collected, the business purpose for collecting the information, and the categories of third parties with whom we share personal information.
• Right to Delete : You have the right to request that we delete personal information we have collected from you, subject to certain exceptions.
• Right to Opt-Out : You have the right to opt-out of the sale or sharing of your personal information, if applicable.
• Right to Non-Discrimination : You have the right not to be discriminated against for exercising your privacy rights.
• Right to Correct : You have the right to request correction of inaccurate personal information.
• Right to Limit Use of Sensitive Personal Information : You have the right to limit the use of sensitive personal information for certain purposes.
• Right to be Forgotten : Under California's "Right to be Forgotten" provisions, you have the right to request the removal of your personal information from our systems and records. Upon receiving a verifiable request, we will delete your personal information from our records and direct any service providers to delete your information from their records, except where retention is allowed or required by law. This might include situations where the information is needed to:
• Complete a transaction or fulfill a contract with you
• Detect security incidents or protect against malicious, deceptive, fraudulent, or illegal activity
• Debug to identify and repair errors
• Exercise free speech or ensure another consumer's right to exercise free speech
• Comply with the California Electronic Communications Privacy Act
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest
• Comply with a legal obligation
• Otherwise use the information internally in a lawful manner compatible with the context in which you provided it

To exercise your California privacy rights, please submit a verifiable consumer request to us by contacting us using the information provided in the "Contact Us" section below.

7.4 Children's Privacy

Our Site is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child has provided us with personal information, please contact us.

8. Third-Party Links

Our Site may contain links to third-party websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

9. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

10. Contact Us

If you have any questions about this Privacy Policy or our data practices, please contact us at:

Friends of Kimbell
Email: privacy@friendsofkimbell.org