Terms of Use and Conditions

1. Acceptance of These Terms

These Terms of Use and Conditions ("Terms") govern access to and use of the Provident Hearts Foundation website, online portal, forms, donation and fundraising functions, volunteer and event registration tools, communications, programs, and other services that link to or incorporate these Terms (collectively, the "Services").

By accessing or using the Services, creating an account, submitting a form, making a donation, registering for an event or volunteer opportunity, or affirmatively enrolling in a communication program, you agree to these Terms and the Provident Hearts Foundation Privacy Policy. If you do not agree, do not use the Services.

2. About Provident Hearts Foundation

Provident Hearts Foundation ("PHF," "we," "us," or "our") is a nonprofit charitable organization. PHF uses its Services to advance its charitable mission, communicate with supporters and community partners, accept donations, coordinate volunteers and events, administer programs, and provide information about its activities.

These Terms apply to visitors, donors, volunteers, applicants, program participants, registered users, community partners, and any other person who accesses or uses the Services.

3. Eligibility and Minors

You may use the Services only if you can form a legally binding agreement or if a parent or legal guardian authorizes and supervises your use. Individuals under 18 should use the Services only with the involvement of a parent or legal guardian. The Services are not directed to children under 13, and PHF does not knowingly collect their personal information through the website without appropriate parental consent.

4. Accounts and Account Security

Some Services may permit or require an account. You agree to provide accurate and current information, maintain the confidentiality of your credentials, and promptly update information that changes. You are responsible for activity conducted through your account to the extent permitted by law.

Notify PHF promptly at info@providenthearts.org if you believe an account or credential has been accessed or used without authorization. PHF may require identity or contact verification before restoring access or changing account information.

5. Information You Provide and Electronic Transactions

You agree that information submitted through the Services will be truthful, accurate, and not misleading. You may not submit information on behalf of another person unless you are authorized to do so.

When you submit an online form, select an electronic checkbox, create an account, or complete an electronic transaction, you agree that the electronic action may serve as your signature or acknowledgment to the extent permitted by applicable law. Additional forms, releases, program rules, or disclosures may apply to a particular activity and will control if they conflict with these general Terms for that activity.

6. Donations and Payment Transactions

Donations are voluntary charitable contributions. PHF may use third-party payment processors to complete transactions, and those providers may apply their own terms and privacy practices. You represent that you are authorized to use the payment method and that the information you provide is accurate.

PHF will provide donation acknowledgments or receipts when appropriate. PHF does not provide tax, legal, or financial advice, and a receipt is not a guarantee that a contribution is deductible. Donors should consult their own advisers regarding tax treatment.

Completed donations are generally final. If you believe a donation was made in error, was duplicated, or involved unauthorized use, contact PHF promptly. PHF will review reasonable correction or refund requests and will comply with applicable law and payment-network requirements.

PHF will make reasonable efforts to honor accepted donor restrictions, designations, or campaign purposes. Unless PHF expressly agrees otherwise, PHF retains discretion to use unrestricted gifts where needed to advance its charitable mission.

7. Volunteer Activities and Events

Submitting a volunteer application or event registration does not guarantee selection, assignment, admission, a particular role, or continued participation. PHF may establish eligibility requirements, capacity limits, safety rules, conduct standards, schedules, and training requirements.

Participants must follow applicable instructions and disclose information reasonably necessary for safe and appropriate participation. Separate waivers, releases, background-check authorizations, photo permissions, or partner-site rules may apply. PHF may modify, postpone, or cancel activities when reasonably necessary.

8. Requests for Assistance and Program Participation

Submitting an inquiry, application, referral, or request for assistance does not create an entitlement to services or guarantee eligibility, selection, funding, availability, timing, or a particular outcome. PHF may verify information, request supporting documentation, apply program criteria, prioritize limited resources, coordinate with community partners, and decline or discontinue assistance when appropriate.

PHF is not an emergency-response provider. If you face an immediate threat to life, health, or safety, contact 911 or an appropriate emergency service. Information made available through the Services is general in nature and is not medical, legal, financial, mental-health, or other professional advice.

9. Acceptable Use

You may use the Services only for lawful purposes and in a manner consistent with PHF's charitable mission. You may not:

• Violate applicable law or the rights of another person;
• Impersonate another person or misrepresent your identity, authority, eligibility, or affiliation;
• Submit fraudulent, deceptive, defamatory, abusive, threatening, discriminatory, obscene, or unlawful material;
• Attempt to gain unauthorized access to an account, system, network, record, or nonpublic area;
• Interfere with security, availability, operation, or integrity of the Services;
• Introduce malicious code, conduct unauthorized automated collection, or use the Services to distribute spam; or
• Use PHF's name, systems, information, or Services for unauthorized commercial, fundraising, political-campaign, or fraudulent activity.

10. User Submissions

If you submit comments, photographs, stories, documents, or other content, you retain ownership of your content. You grant PHF a nonexclusive, royalty-free license to store, reproduce, and use the content as reasonably necessary to process your submission, provide the requested Service, maintain records, and carry out any additional use you expressly authorize.

You represent that you have the right to submit the content and that its authorized use will not violate another person's rights. PHF may remove or restrict content that violates these Terms or creates legal, privacy, safety, or operational concerns.

11. Intellectual Property

The Services and their PHF-provided text, graphics, logos, photographs, designs, software, and other content are owned by PHF or used with permission and are protected by applicable intellectual-property laws. PHF grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Services for personal, informational, charitable, or other expressly authorized purposes.

You may not copy, modify, distribute, sell, license, publicly display, create derivative works from, or exploit PHF content except as permitted by law or with prior written authorization. No right to use PHF's name, logo, marks, or branding is granted by implication.

12. Third-Party Services and Links

The Services may rely on or link to third-party services, including payment processors, hosting providers, analytics services, mapping tools, social platforms, and messaging providers. PHF does not control third-party services and is not responsible for their availability, content, security, or independent practices. Your use of a third-party service may be governed by that provider's terms and privacy policy.

13. Privacy

PHF's collection, use, protection, retention, and disclosure of personal information are described in the Provident Hearts Foundation Privacy Policy . The Privacy Policy is incorporated into these Terms by reference.

14. SMS and Text Messaging Terms

14.1 Program Name and Description

The program name is the Provident Hearts Foundation SMS Program. Individuals who affirmatively opt in may receive recurring SMS or MMS messages from PHF regarding volunteer opportunities and coordination, events, donation confirmations and fundraising communications, program information, scheduling, charitable activities, account or transaction information, and other Foundation-related communications.

14.2 Consent and Eligibility

PHF sends text messages only to individuals who have affirmatively opted in. Providing a mobile telephone number alone does not constitute consent. By opting in, you confirm that you are the subscriber or customary user of the mobile number provided and are authorized to consent to receive messages at that number. Messages may be sent using automated technology.

Consent to receive text messages is not required to make a donation, volunteer, receive services, participate in PHF programs, attend an event, or create an account.

14.3 Message Frequency and Charges

Message frequency varies. Message and data rates may apply. Your mobile carrier's rates and terms govern charges associated with receiving or sending text messages.

14.4 Opt-Out and Help

You may opt out at any time by replying STOP to a PHF text message. After you send STOP, PHF may send one confirmation message. For assistance, reply HELP or contact PHF at info@providenthearts.org. Opt-out requests will be honored in accordance with applicable requirements.

14.5 Delivery and Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your carrier and is not guaranteed. PHF may modify, suspend, or discontinue the messaging program or its features, subject to applicable notice and consent requirements.

14.6 Mobile Number Changes and Privacy

Notify PHF or opt out before transferring, deactivating, or relinquishing a mobile number enrolled in the program. Mobile telephone numbers, SMS opt-in information, and text messaging consent information will not be sold, rented, shared, or disclosed to third parties or affiliates for marketing or promotional purposes. Information may be provided to service providers solely as necessary to deliver and administer PHF's messaging services. Additional details appear in the PHF Privacy Policy.

15. Service Availability and Changes

PHF may add, modify, suspend, restrict, or discontinue any part of the Services. PHF does not guarantee that the Services will always be available, uninterrupted, secure, error-free, or compatible with every device or browser. PHF may correct errors and update information without prior notice.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PHF DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. PHF DOES NOT WARRANT THAT INFORMATION OR SERVICES WILL MEET EVERY USER'S NEEDS OR PRODUCE A PARTICULAR RESULT.

Nothing in these Terms excludes warranties or protections that cannot lawfully be excluded.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, REVENUE, OPPORTUNITY, OR USE, ARISING FROM OR RELATING TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

PHF's aggregate liability for a claim arising from the Services will not exceed the greater of the amount you paid directly to PHF for the specific transaction giving rise to the claim or one hundred U.S. dollars ($100), except where applicable law requires otherwise. These limitations do not apply to liability that cannot lawfully be limited.

18. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless PHF and its directors, officers, employees, volunteers, contractors, and representatives from claims, liabilities, damages, judgments, losses, and reasonable costs arising from your unlawful use of the Services, your material violation of these Terms, your fraud or willful misconduct, or your infringement of another person's rights.

19. Suspension and Termination

PHF may suspend or terminate access to the Services when reasonably necessary to protect PHF, its users, partners, systems, mission, or legal obligations; investigate suspected misuse; enforce these Terms; or respond to security or operational concerns. Provisions that by their nature should survive termination will remain effective, including provisions concerning ownership, disclaimers, liability, indemnification, and dispute-related terms.

20. Governing Law

These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-law principles, except to the extent federal law applies. Any claim must be brought in a court with lawful jurisdiction. Nothing in these Terms prevents either party from seeking appropriate emergency or injunctive relief.

21. Severability, Waiver, and Assignment

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect. PHF's failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without PHF's prior written consent. PHF may assign these Terms in connection with a lawful organizational restructuring, merger, or transfer of Services.

22. Changes to These Terms

PHF may revise these Terms to reflect changes in law, technology, Services, or organizational practices. The revised version will be posted with an updated revision date. Material changes will be communicated when required by law. Continued use after revised Terms become effective constitutes acceptance to the extent permitted by law; if you do not agree, discontinue use of the affected Services.

23. Contact Information

Questions about these Terms may be directed to: