Friends of Kimbell

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.