TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of restandrecoveramerica.org and any related online services operated by R.E.S.T. + Recover America Foundation (“Foundation,” “we,” “us,” or “our”).

By accessing or using the Website, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Website.

1. About the Foundation

R.E.S.T. + Recover America Foundation is a nonprofit organization organized under the laws of California.

Information about our programs, charitable status, leadership, registrations, and activities may be available through the Website or upon request.

2. Informational and Educational Purposes

The Website and its content are provided for general informational, educational, charitable, and community-awareness purposes.

Website content does not constitute:

  • Medical, psychological, psychiatric, or clinical advice.
  • Diagnosis or treatment.
  • Legal, tax, accounting, or financial advice.
  • A promise that a person will qualify for or receive services, assistance, funding, or other benefits.
  • A substitute for advice from a qualified professional familiar with your individual circumstances.

You should consult an appropriately licensed or qualified professional before acting on information involving health, safety, legal rights, taxes, finances, or other professional matters.

3. No Emergency or Crisis Services

The Website, general contact forms, email addresses, and social media accounts are not monitored as emergency or crisis-response services.

Do not use the Website to request emergency medical, mental-health, law-enforcement, or crisis assistance.

In an emergency, call 911 or the appropriate local emergency service. Individuals experiencing a mental-health or suicide-related crisis in the United States may call or text 988 to reach the Suicide & Crisis Lifeline.

The Foundation does not guarantee an immediate response to messages submitted through the Website.

4. Eligibility and Acceptable Use

You may use the Website only for lawful purposes and in accordance with these Terms.

You agree not to:

  • Violate any applicable law or regulation.
  • Submit false, misleading, fraudulent, defamatory, threatening, or unlawful content.
  • Impersonate another person or misrepresent your affiliation with any person or organization.
  • Attempt to gain unauthorized access to the Website, servers, accounts, or systems.
  • Introduce viruses, malicious code, automated scripts, or other harmful technology.
  • Scrape, harvest, mine, or collect information from the Website without written permission.
  • Interfere with the Website’s operation or another person’s use of it.
  • Use Foundation content, names, stories, photographs, or trademarks in a misleading or unauthorized manner.
  • Use the Website to solicit commercial business, distribute spam, or conduct unauthorized fundraising.
  • Submit confidential or sensitive information through a form not specifically designed to receive it.

We may restrict or terminate access to the Website when we reasonably believe these Terms have been violated.

5. Donations

Donations may be processed through a third-party payment provider. By submitting a donation, you represent that:

  • You are authorized to use the selected payment method.
  • The information you provide is accurate.
  • You authorize the applicable donation amount and any recurring schedule you select.
  • You understand that payment processors may apply their own terms and privacy policies.

Charitable Deductibility

Contributions are tax-deductible only to the extent permitted by applicable law and only when made to an organization eligible to receive tax-deductible contributions.

The Foundation is recognized by the Internal Revenue Service as an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. Contributions are generally tax-deductible to the extent allowed by law. The Foundation’s federal tax identification number is [35-5171917]

The Foundation does not provide individual tax advice. Donors should consult their own tax advisers regarding deductibility, substantiation, valuation, and reporting.

The fair market value of any goods or services provided in exchange for a payment may reduce the deductible portion of that payment.

Donation Designations

The Foundation will make reasonable efforts to honor a donor’s stated program preference. Unless a legally binding restricted-gift agreement has been accepted in writing by an authorized Foundation representative, donations are under the Foundation’s control and may be redirected when necessary to further its charitable purposes.

Refunds

Charitable donations are generally final and nonrefundable. The Foundation may consider refund requests involving duplicate transactions, unauthorized payments, processing errors, or other exceptional circumstances.

Refund requests must be submitted to R.E.S.T. + Recover America Foundation 9891 Irvine Center Drive, Suite 130 Irvine, CA 92618 within 10 days of the transaction. Any refund remains subject to applicable law, payment-processor rules, and the Foundation’s review.

Recurring Donations

A recurring donation will continue according to the frequency selected until canceled. Donors may request cancellation by contacting 9891 Irvine Center Drive, Suite 130
Irvine, CA 92618 or using the account or cancellation feature provided by the payment processor.

Cancellation requests should be submitted at least two business days before the next scheduled charge. A cancellation does not ordinarily reverse donations already processed.

6. Program and Assistance Requests

Submitting a form, application, referral, or inquiry does not guarantee:

  • Eligibility for a Foundation program.
  • Acceptance into a program.
  • Financial assistance.
  • Payment for services.
  • Availability of space or resources.
  • Approval by an insurer, employer, government agency, workers’ compensation administrator, or other third party.
  • A particular result or outcome.

Eligibility, acceptance, funding, and participation may be subject to separate criteria, documentation, consent forms, program agreements, availability, clinical considerations, and legal requirements.

The Foundation may approve, deny, suspend, or discontinue participation consistent with its policies, resources, mission, and applicable law.

7. Volunteer and Employment Information

Information posted concerning volunteer, contractor, or employment opportunities is not an offer or guarantee of placement or employment.

Applicants may be subject to additional requirements, including interviews, references, background checks, licensing verification, training, confidentiality agreements, and separate terms.

Nothing on the Website creates an employment, contractor, fiduciary, partnership, agency, or joint-venture relationship.

8. Intellectual Property

Unless otherwise stated, the Website and its content—including text, graphics, logos, photographs, videos, program names, designs, documents, and other materials—are owned by or licensed to the Foundation and are protected by intellectual-property laws.

You may view, download, or print Website materials solely for personal, noncommercial, and informational use, provided that you:

  • Do not alter the materials.
  • Retain copyright and ownership notices.
  • Do not imply Foundation endorsement.
  • Do not reproduce or distribute substantial portions without permission.

No license to use the Foundation’s name, logo, service marks, program names, photographs, testimonials, copyrighted materials, or other intellectual property is granted except through express written permission.

Requests for permission may be sent to 9891 Irvine Center Drive, Suite 130
Irvine, CA 92618.

9. User Submissions

If you voluntarily submit comments, photographs, stories, testimonials, suggestions, or other material, you represent that:

  • You have the right to provide the material.
  • The material does not violate another person’s privacy, publicity, copyright, trademark, contractual, or other rights.
  • The material is not unlawful, misleading, defamatory, threatening, or harmful.

The Foundation will not publicly use an identifiable personal story, photograph, or testimonial for promotional purposes without obtaining any permission or release required by its policies or applicable law.

Unsolicited ideas or general suggestions may be used by the Foundation without creating an obligation to compensate the sender, unless otherwise agreed in writing.

10. Third-Party Links and Services

The Website may link to websites, payment processors, social media platforms, service providers, resources, or organizations operated by third parties.

The Foundation does not control and is not responsible for third-party:

  • Content or availability.
  • Privacy or security practices.
  • Products or services.
  • Representations or claims.
  • Transactions or conduct.

Links are provided for convenience and do not necessarily constitute endorsement. Your use of third-party services is governed by the third party’s own terms and policies.

11. Disclaimer of Warranties

To the fullest extent permitted by law, the Website and its content are provided on an “as is” and “as available” basis.

The Foundation does not warrant that:

  • The Website will always be available, uninterrupted, secure, or error-free.
  • Defects will be corrected.
  • The Website will be free from viruses or harmful components.
  • Website content will always be complete, current, or accurate.
  • Use of the Website will produce a particular result.
  • Any program, service, funding source, or resource will be available to a particular person.

Some jurisdictions do not permit certain warranty disclaimers, so portions of this section may not apply to you.

12. Limitation of Liability

To the fullest extent permitted by law, the Foundation and its directors, officers, employees, volunteers, contractors, representatives, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

  • Your use of or inability to use the Website.
  • Reliance on Website content.
  • Third-party websites or services.
  • Unauthorized access to or alteration of information.
  • Website interruptions, errors, viruses, or security incidents.
  • Decisions made based on information obtained through the Website.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

13. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Foundation and its directors, officers, employees, volunteers, contractors, and agents from claims, losses, liabilities, damages, costs, and reasonable attorneys’ fees arising from:

  • Your unlawful or unauthorized use of the Website.
  • Your violation of these Terms.
  • Content you submit.
  • Your violation of another person’s rights.

This provision does not require indemnification for conduct for which indemnification cannot lawfully be required.

14. Privacy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Please do not submit confidential, health-related, or highly sensitive information through ordinary email or a general contact form unless specifically directed to use that method.

15. Copyright Concerns

If you believe content on the Website infringes your copyright, please provide the following information to 9891 Irvine Center Drive, Suite 130 Irvine, CA 92618:

  • Identification of the copyrighted work.
  • Identification and location of the allegedly infringing material.
  • Your name and contact information.
  • A statement that you have a good-faith belief that the use is unauthorized.
  • A statement, made under penalty of perjury, that the information submitted is accurate and that you are the copyright owner or authorized to act for the owner.
  • Your physical or electronic signature.

16. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

To the extent permitted by law, any legal proceeding arising from these Terms or the Website must be brought in the state or federal courts located in Orange County, California, and the parties consent to jurisdiction and venue in those courts.

Nothing in this section prevents either party from seeking appropriate emergency or injunctive relief.

17. Changes to the Website or These Terms

We may modify, suspend, or discontinue all or part of the Website at any time.

We may update these Terms periodically. Revised Terms will be posted with an updated “Last Updated” date. Material changes may also be communicated through the Website or another reasonable method.

Your continued use of the Website after revised Terms become effective constitutes acceptance of the updated Terms.

18. Severability and Waiver

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

The Foundation’s failure to enforce a provision does not waive its right to enforce that provision later.

19. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and the Foundation regarding use of the Website, except where a separate written agreement governs a specific donation, program, event, service, or relationship.

20. Contact Information

Questions about these Terms may be directed to:

R.E.S.T. + Recover America Foundation
9891 Irvine Center Drive, Suite 130
Irvine, CA 92618

(949) 289-5935

info@restandrecoveramerica.com
restandrecoveramerica.org