These Terms of Use ("Terms") govern your access to and use of this web site with its home page “thenicksinghfoundation.org” (the “Site”) and your interactions with The Nick Singh Foundation (“NSF,” “we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms and our Privacy Policy (collectively, the "Agreement"). Do not access or use the Site if you do not agree the Agreement, including the following terms and conditions.

1) Who May Use the Site

• Minimum age. You must be at least 13 years old (or the age of digital consent in your state) to use the Site. If you are under 18 (or under the age of majority in your state), you represent that you have parental/guardian consent to use the Site.

• Organization users. If you use the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You represent by accessing and using the Site that you do so from within the United States.

2) Changes to the Site or Terms

We may change these Terms or the Site at any time and at our sole discretion. Your continued use of the Site after changes become effective constitutes your acceptance of the changes. If you do not agree to these Terms, you should refrain from using the Site.

3) Accounts and Security

• You may need an account to access certain features. Provide accurate, current information and keep it updated.

• Safeguard your credentials; you are responsible for all activity under your account. Notify us promptly of any suspected unauthorized use.

4) Acceptable Use

You agree not to:

• Use the Site in violation of any applicable law or regulation.
• Post or transmit content that is illegal, infringing, harassing, defamatory, hateful, discriminatory, deceptive, fraudulent, obscene, exploitative, or otherwise objectionable.
• Impersonate any person or entity or misrepresent your affiliation.
• Interfere with Site operation, circumvent security, or introduce malware.
• Collect information about others without consent, or use automated means (scraping, bots) without our prior written permission.

We may (but do not have to) monitor, remove, or disable content or accounts for any reason, consistent with applicable law.

5) Story Submissions & Other User Content

The Site may allow users to submit or share stories, testimonials, photographs, videos, audio, artwork, comments, and other materials ("User Content").

a) Your promises. You represent and warrant that:

• Any User Content or accompanying information you submit is true to the best of your knowledge;
• You own or have all rights necessary to submit the User Content and grant the licenses below;
• Your User Content does not infringe, misappropriate, or violate any third‑party rights (including copyright, trademark, privacy, or publicity rights), or any law;
• You have obtained any necessary permissions and written consents (e.g., from people depicted or quoted, or from guardians for minors), and you can provide copies upon request;
• You will not submit sensitive personal information (e.g., Social Security numbers, financial account numbers, passwords, health/medical information) unless we specifically request it and provide a secure method of submission.

b) License to us. You grant the Organization a worldwide, nonexclusive, royalty‑free, fully paid, perpetual, irrevocable, sublicensable and transferable license to host, store, reproduce, adapt, edit (for clarity or length), create derivative works from, publish, translate, distribute, publicly perform, publicly display, and otherwise use your User Content, in any media now known or later developed, for our nonprofit mission, programs, fundraising, marketing, educational, and archival purposes.

You agree that storytelling content may be edited, formatted, or repurposed across media channels. You disclaim any and all liability to NSF for any interpretation of such content.

We may use your name, likeness, and biographical information as submitted in connection with your User Content, consistent with our mission and applicable law.

Moral rights. To the extent permitted by law, you waive and agree not to assert any moral rights or similar rights in your User Content against us and our sublicensees.

c) No confidentiality. User Content is not confidential (unless we expressly state otherwise in writing). Do not submit information you wish to keep private.

d) Our discretion. We may refuse, remove, modify, or disable access to any User Content at any time for any reason. We do not endorse User Content and are not responsible for it.

e) Feedback. If you submit ideas, suggestions, or proposals ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use the Feedback without restriction or attribution.

f) No guarantees. Your submission of User Content does not guarantee or entitle you to any financial aid, sponsorship, or program approval. 

6) Event Changes

The details of any event or program posted on the Site (each an “Event”) – including date, time, location, agenda, speakers/guests, sponsors and other program elements – are subject to change. We may, in our discretion, make changes to the event, or cancel or postpone the event, due to circumstances beyond our reasonable control or for operational, safety, or programmatic reasons. We will make reasonable efforts to post updates on the Site or applicable Event webpage, but do not guarantee we will do so. If you are a registered attendee, we will make reasonable efforts to notify you using the contact information you provided at registration.

If an Event is cancelled and you paid a registration fee, your exclusive remedy will be a refund of the registration fee you paid (excluding any non-refundable third-party processing fees, if applicable), unless otherwise required by law. If the Event is postponed, your registration will be honored for the rescheduled date, and we will provide a refund option if you cannot attend, as described on the event page or in the registration flow.

We are not responsible for travel, lodging, or other expenses you may incur in connection with any Event.

7) Intellectual Property; Limited License to You

The Site and its content, including text, graphics, logos, icons, photos, videos, software, and other materials we provide (the "Organization Content"), are owned by us or our licensors and are protected by intellectual property laws.

• Limited license. Subject to these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Site and to view the Organization Content for your personal, noncommercial use in support of our mission.

• No other rights. Except as expressly permitted, you may not copy, modify, distribute, perform, display, create derivative works, scrape, or use data mining tools on the Site or Organization Content without our prior written permission.

• Trademarks. Our names, logos, and marks are our trademarks. You may not use them without our prior written permission.

8) Donations and Payment Terms

We may accept donations through the Site or third‑party payment processors.

a) Processing & third parties. Donations may be processed by third‑party providers (e.g., payment processors, donor platforms). Your donations are subject to their terms and privacy policies. We are not responsible for errors caused by third‑party systems. NSF is not responsible for the acts or omissions of those providers, and any disputes regarding payment processing should be addressed with the applicable provider, subject to any rights you may have under applicable law.

b) Authorization. By submitting a donation, you:

• Authorize us and our processors to charge your selected payment method for the amount designated, including any recurring donations if you opt in;

• Represent that you are authorized to use the payment method and that the payment information is accurate.

c) Recurring donations. If you enroll in recurring donations, you authorize us (and our processors) to charge your payment method at the stated interval until you cancel. You can cancel edit your recurring amount or future charges by following the instructions at https://support.zeffy.com/how-can-i-cancel-my-donors-monthly-donation at least 7 business days before the next scheduled charge.

d) Tax receipts. We are recognized as tax‑exempt under Section 501(c)(3) of the Internal Revenue Code (EIN: 93-4127457). Donations may be tax‑deductible to the extent allowed by law; consult your tax advisor. We will provide a donation acknowledgment/receipt by email to the address you provide.

e) Refunds. All donations are generally final and non‑refundable. 

f) Designations. While we strive to honor donor preferences, contributions are ultimately directed to further our charitable mission at our discretion, consistent with applicable law.

9) No Professional Advice; Health & Safety

Content on the Site is for general informational and educational purposes only and does not constitute legal, medical, mental health, financial, or other professional advice. If you need such advice, consult a qualified professional.

We are not a covered entity or business associate under HIPAA and do not accept protected health information through the Site. If you submit health or medical information to us through story forms or otherwise, this will not be treated as Protected Health Information under HIPAA.

10) Privacy

Our data practices are described in our Privacy Policy, which is incorporated by reference. By using the Site or submitting information (including donations or User Content), you consent to our data practices as described there. 

11) Copyright; DMCA

We respect intellectual property rights. If you believe content on the Site infringes your copyright, please send a DMCA notice to us at thenicksinghfoundation@gmail.com.

Your notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (4) your contact information; (5) a statement that you have a good‑faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We may remove content and terminate repeat infringers, consistent with 17 U.S.C. §512.

12) Third‑Party Links and Services

The Site may link to third‑party websites, apps, or services (including payment processors and social media). We do not control or endorse third‑party sites and are not responsible for their content, policies, or practices. Your use of third‑party services is at your own risk and subject to their terms. NSF disclaims any and all liability for actions you take in reliance on the claims of any third-party website.

13) Accessibility

We strive to make the Site accessible and usable for all. If you encounter accessibility barriers, please contact thenicksinghfoundation@gmail.com and we will work to address your concerns.

14) Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, secure, or error‑free, or that defects will be corrected.

15) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ORGANIZATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, LICENSORS, AND PARTNERS (TOGETHER THE “NSF PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR REVENUES, LOST DATA, LOST GOODWILL OR OTHER INTANGIBLE LOSSES, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED $100 OR, IF GREATER, THE AMOUNT YOU PAID TO US (IF ANY) FOR THE TRANSACTION GIVING RISE TO THE CLAIM IN THE 3 MONTHS PRECEDING THE CLAIM. 

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. In such cases, we’ll apply these limitations as much as permitted by law.

We disclaim any and all liability arising from our use of any User Content you submit.

16) Class Action Waiver

To the fullest extent permitted by applicable law, you agree that you may bring claims against NSF only on an individual basis. You expressly waive any right to participate as a plaintiff or class member in any purported class, collective, consolidated or other representative proceeding. No court may consolidate the claims of multiple individuals or otherwise preside over any form of a representative or class proceeding against NSF. Any relief awarded to a party in a dispute may be awarded only to that party and only to the extent necessary to resolve that party’s individual claim.

 

If a court of competent jurisdiction determines that any portion of this Class Action Waiver is unenforceable with respect to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) must be severed and brought in a court of competent jurisdiction. All remaining claims must proceed on an individual basis.

Notwithstanding the foregoing, this Class Action Waiver does not limit either party’s right to seek: (a) individual claims in small claims court (if eligible), or (b) individual injunctive relief in a court of competent jurisdiction.

17) Indemnification

You agree to defend, indemnify, and hold harmless the Organization and its directors, officers, employees, volunteers, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third‑party right. For the avoidance of doubt, this includes any legal costs arising out of any regulatory criminal investigation triggered by any User Content we publish.

18) Termination; Suspension

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason, including if we believe you violated these Terms. Upon termination, the licenses granted to you terminate; however, Sections 5 (to the extent relevant to prior submissions), 6–8, and 10–20 will survive.

19) Electronic Communications; E‑Sign Consent

By using the Site, you consent to receive communications from us electronically (e.g., emails, on‑Site messages). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirements that such communications be in writing. If you enroll in electronic donation receipts, you consent to receive acknowledgments electronically unless you opt out.

20) Governing Law; Venue; Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to conflict‑of‑laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Suffolk County, New York for any dispute.

21) Export; Geographic Restrictions

You may not use or export the Site or Organization Content in violation of U.S. export laws and regulations. We make no representation that the Site is appropriate or available in other jurisdictions; you use the Site at your own risk and are responsible for compliance with local laws.

22) Entire Agreement; Severability; Assignment; Waiver

These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Site. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in full force. You may not assign or transfer your rights or obligations under these Terms; we may assign our rights and obligations without restriction. Our failure to enforce any term is not a waiver.

23) Contact Us

Email: thenicksinghfoundation@gmail.com