- Introduction and Eligibility
|This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Site means you accept any changes.|
Binding Agreement. These Terms constitute a binding agreement between you and Sky’s the Limit Fund and its affiliates and subsidiaries (“STLF,” “we,” “us”). “You” and “users” shall mean all visitors to the Site. You accept these Terms each time you access the Site. If you do not accept these Terms, you must not use the Site. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Site after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Site.
- The Site
The “Site” means the website located at https://www.skysthelimitfund.org/ and other online presences of STLF, such as STLF Facebook pages, and the activities related to providing online services. The website provides an online platform to learn more about STLF, upcoming events, donation opportunities, and how to apply for a grant from STLF.
|STLF does not recommend or refer any particular wilderness therapy programs.|
No Recommendations or Referrals. STLF provides grants to help individuals defray the costs of wilderness therapy programs. STLF does not recommend or refer any particular wilderness therapy programs to individuals, and individuals have sole responsibility for selecting and participating in any programs.
- DONATIONS AND SPONSORSHIPS
|All donations and sponsorship fees are made to STLF, a 501(c)(3) non-profit charitable organization.|
Donations to STLF. You understand and agree that your donations made through the Site or offline to STLF are made to a 501(c)(3) non-profit charitable organization that processes donations and disburses funds to individuals selected from an applicant pool to participate in a wilderness therapy program.
Sponsorship Fees. You understand and agree that sponsorship fees paid to STLF is made through the Site or offline to STLF are made to a 501(c)(3) non-profit charitable organization that uses collected sponsorship fees to help pay for expenses related to facilitating and hosting the events and other STLF activities you are sponsoring.
|All donations and sponsorship fees are non-refundable.|
No Refunds. You understand and agree that, like any tax-deductible charitable donation, my donation cannot be cancelled or returned once it has been completed. Sponsorship fees are non-refundable, unless STLF in its sole discretion agrees to provide a partial or full refund.
|You are solely responsible for filing any forms with taxing authorities necessary to receive tax deductions from the donation.|
Tax Deductions. To obtain a tax deduction for your donation, you may be required to file certain forms with the IRS and other tax authorities. You are solely responsible for reporting the donation to the appropriate tax authorities. You understand and agree that if you receive goods or services in exchange for your donation, your tax deduction may be limited to the excess of the contribution over the fair market value of any items received in exchange for the donation.
|STLF does not provide tax or financial advice.|
No Tax or Financial Advice. STLF does not provide any tax or financial advice. The Site may provide helpful information to assist you in making a decision about your donation. The information and materials available through the Site are for informational and educational purposes only and are not intended to constitute professional advice or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the Site. You will be solely responsible for the decision to make a donation and the financial and tax implications of making a donation. We recommend obtaining the services of a tax or financial services professional to learn the tax or financial implications of making a donation.
|Donations are under STLF’s control and ownership.|
Donations Become STLF’s Property. You understand and agree that the donations and other assets held STLF are its property, subject to its exclusive legal control. Donated funds or assets may be used only for charitable purposes, and STLF may not use such funds or assets for the benefit of the donor or some other impermissible private benefit.
|You may be required to provide additional documentation and sign legal documents to effectuate a donation of stocks, bonds, mutual funds, or other assets.|
Donate Stocks, Bonds, Mutual Funds, or Other Assets. We may accept donations of stocks, bonds, mutual funds, automobiles, and other assets. To donate such assets, you may be required to provide proof of ownership and sign authorizations and other legal documents to effectuate the transfer of ownership.
|You may be required to provide additional documentation and sign legal documents to effectuate a donation of stocks, bonds, mutual funds, or other assets.|
Donation Receipts. We provide receipts to donors of all donations within 15 days of the donation.
Event Descriptions. We will attempt to be accurate when describing events on the . However, STLF does not warrant that descriptions are accurate, complete, reliable, current, or error-free. If an event description displayed on the Site does not match the event, your sole remedies are to stop using the Site. All descriptions are subject to change at any time without notice.
We Do Not Verify the Information Others Post on the Site. You agree that we provide a platform and may monitor, but are not required to monitor, information and content about events posted by others. We do not verify the accuracy of information or content posted by others. You rely on any information or content available on the Site at your own risk. We also do not verify the legality or safety of any events posted on the Site.
|STLF will offer grants to individuals solely at their discretion and in compliance with applicable law. Grant applicants must comply with application instructions to be considered for a grant by STLF.|
Grant Selection Criteria. STLF provides grants to individuals based on its assessment of individuals’ application materials. STLF’s decision on whether to provide a grant to an individual rests solely at STLF’s discretion as permitted by applicable law. STLF will post grant eligibility criteria on the Site and application materials. Currently, eligibility criteria are posted here: https://www.skysthelimitfund.org/eligibility-criteria-and-selection-process/ and on the grant application form.
Grant Application Instructions. We stress that you read the application instructions for each grant application package you submit. STLF may not review or accept applications that are not completed fully or in compliance with such instructions.
|By applying for a grant, you agree to provide additional information upon reasonable request.|
Application Process. Submitting application materials through the Site may be part of an extensive process that includes interviews and meeting other requirements. You agree to use reasonable efforts to provide STLF any additional information reasonably requested as part of the application process.
|You are required to submit accurate information in your applications.|
Accurate Submissions. You represent and warrant that the information you provide to STLF when accessing the Site, applying for grants, and at all other times will be true, accurate, current, and complete.
|STLF does not guarantee you will receive a grant even if you meet all posted eligibility criteria.|
STLF Does Not Guarantee You Will Receive By Using the Site and Applying for a Grant. You agree that STLF has no obligation to provide a grant to you, even if you meet all posted eligibility criteria.
|The providers of wilderness therapy programs may receive information about you when you are accepted for a grant. We are not responsible for their use of the information.|
We Are Not Responsible for Wilderness Therapy Programs’ Use of Information in your Application . You agree that by submitting your application through the Site that your application materials may be transmitted to the providers of wilderness therapy programs. We are not responsible for how such wilderness therapy programs may use the information they receive about you from us.
|STLF is not a party to any agreements between you and wilderness therapy programs, and is not response responsible for disputes arising under such agreements.|
STLF Is Not a Party to any Agreements Between Individuals and Wilderness Therapy Programs. You may be required to sign agreements to participate in wilderness therapy programs. You agree that we are not a party to such agreements, and we are not responsible for any disputes arising out of such agreements. You agree that we may, but are not required to, participate in any disputes between you and the providers of wilderness therapy programs.
STLF Is Not a Fiduciary. STLF has no special relationship with or fiduciary duty to you.
The Site May Require Accessing Other Sites. Certain Site functionality is provided by third parties. For example, you may use third-party services when you make a donation or sign up for an event. We may also request that you provide information to third-party services. For example, we may ask you to upload documents to a cloud-based document storage service. Your use of the third-party services may require that you accept additional or different terms of service. You agree to use the third-party services subject to any additional terms and conditions.
III. Financial Matters
|You are responsible for paying the monetary amount you have agreed to donate through the use of the Site.|
You Agree To Pay STLF for Your Monetary Donations. You agree to pay the monetary amount of the donation you submit using the Site. You agree that STLF may charge your selected payment method, such as a credit card, either directly or through the services of a third-party payment processor. If non-payment occurs due to a failed credit card transaction, then we may contact you regarding the failed transaction.
Timing of Payment. Payment occurs within a reasonable time of the transaction or shortly thereafter.
|You may schedule a recurring donation, and you may cancel any future donations at any time.|
Recurring Donation. You may be able to schedule a recurring donation through the Site. Recurring donations may have various frequencies as you select through the Site.
Auto-Payment of Recurring Donations. When you use the Site to schedule recurring donation payments, you authorize us to automatically charge the payment method our service provider has on file for you to pay for the donation.
Recurring Donation Auto-Payment Notice. We may, but are not required to, send you an email notification to alert you that we will begin processing payment for a recurring donation shortly before the scheduled timing of the payment. Please ensure the email address associated with your account is accurate so that you will receive these notices.
Recurring Donation Cancellation Policy. You may cancel your recurring donation at any time up to 5 days before your recurring donation is scheduled for processing. Please review your account information on the Service to view the date of the next scheduled donation payment. A cancellation of recurring donations prevents future auto-payments, but will not cancel the donations already made or processed. You may cancel your recurring donation by contacting us at firstname.lastname@example.org.
Notice of Failed Payment. If any recurring donation payment amount cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within a reasonable period of time, we may cancel the donation payment and any future attempts to initiate donation payments.
|We use third-party payment processors. You agree to pay any fees associated with such payment processing. We do not guarantee any particular form of payment will be available to make a payment.|
Third-Party Payment Processors. STLF currently uses third-party payment processors for electronic commerce. Our payment processors and the payment methods they accept may change without notice. Our payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may pay certain fees at our sole discretion. STLF disclaims all liability with regards to any fees or problems you have with third-party payment processors.
Availability of Certain Forms of Payment. STLF makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the Site.
Pre-Authorization. When you provide a credit card number to pay for a subscription on the Site, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase. This pre-authorization will verify the credit card is valid and/or has the necessary funds or credit available to cover your required payment. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
|You are responsible for any taxes or fees. All transactions are in U.S. dollars.|
Taxes and Fees. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Site. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.
Third Party Fees. All third party fees (such as data usage fees charged by your internet service provider) and compliance with any applicable third party terms (such as your internet service provider’s terms of service) are your responsibility.
U.S. Dollars. All transactions through the Site are in U.S. dollars.
|Donations are final.|
Refund Policy. All donations are final. STLF will not refund any donation, whether monetary, a financial asset, or any other asset. You may contact us at email@example.com to dispute a charge.
- Eligibility to Use the Site
Children. No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The SITE AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
|STLF may communicate with you by email, telephone, mail, or posting notice on the Site. You may request that we provide notice of security breaches in writing.|
You agree to receive email from us at the email address you provided to us for customer service-related purposes. If you call us by telephone, we may record the telephone call for quality and training purposes.
We May Contact You. By applying for a grant on the Site, you agree that we may contact you using the contact information you submit in your application, such as your postal address, email address, or telephone number. If you call us by telephone, we may record the telephone call for quality and training purposes.
We May Contact Third Parties Regarding Your Application. You agree that when you provide the contact information for third parties, we may contact them, and you have permission to provide such information to us and that we have permission to contact them with respect to your application.
Text Messages. By sending a text message to us or our third-party vendors or service providers, you agree that we and our third-party vendors or service providers may send you responsive text messages, including responsive information, confirmation of a transaction, and messages of gratitude.
Electronic Notices. By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
- STLF’s Content Ownership and Use
|STLF owns or has rights to all of the content we make available through the Site, but you may use it as you use the Site. You may not use our logo without our written permission.|
The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other STLF content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future (collectively, “STLF Content”). All STLF Content and the compilation (meaning the collection, arrangement, and assembly) of all STLF Content are the property of STLF or its licensors and are protected under copyright, trademark, and other laws.
License to You. The Site is licensed, not sold, to you. Subject to your complete and ongoing compliance with these Terms, we authorize you, subject to these Terms, to access and use the Site and the STLF Content solely for the personal use of the Site, at our discretion. Any other use is expressly prohibited. This license is non-transferable and revocable at any time without notice and with or without cause. Unauthorized use of the STLF Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.
STLF Marks. “STLF,” the STLF logo, and other STLF logos and product and service names are or may be trademarks of STLF (the “STLF Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use the STLF Marks in any manner. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original STLF Content on any copy you make of the STLF Content. STLF retains all right, title and interest in and to all STLF Content.
VII. Suggestions and Submissions
|We appreciate your comments, but if you send us creative ideas, we may use them without compensating you.|
We appreciate hearing from users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VIII. User Content Disclaimers, Limitations, and Prohibitions
|You are responsible for your actions when using and relying on the Site or content available on the Site.|
We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted on the Site. You accept that any reliance on such material will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise.
|Do not engage in activities related to the Site that are harmful or illegal.|
You agree to use the Site only for its intended purpose and in an authorized manner. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site, unless specifically allowed by these Terms;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another individual without his/her consent or harass, abuse, or post objectionable material;
- sell, transfer, sublicense, or assign any of your rights to use the Site to a third party without our express written consent;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to STLF or others; or
- access the Site from a jurisdiction where it is illegal or unauthorized.
- Consequences of Violating These Terms
|If you do not act acceptably, we may prohibit your use of the Site.|
Without limiting any other remedies, we reserve the right to suspend or terminate your use of the Site and prevent access to the Site for any reason, at our discretion. We reserve the right to refuse to provide the Site to you in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.
- STLF’s Liability
|We are not liable for the actions of users when they use the Site. We may also change the Site at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Site or other websites.|
Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release STLF of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Site. Use the Site at your own risk.
Third-Party Websites and Applications. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The Site may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include STLF and its affiliates, officers, employees, agents, partners, and licensors.
- DISCLAIMER OF WARRANTIES
|You use the Site at your own risk. We make no warranties or guarantees.|
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE AND ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE OR ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
|We are not liable for anything that happens to you involving the Site. If you use the Site in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.|
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY SERVICES MADE AVAILABLE ON OR THROUGH THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO, CORRUPTION OF, interference WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. We will not be liable for any delay or failure to perform any of our obligations under these Terms by reasons, events or other matters beyond our reasonable control. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF STLF CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure. Under no circumstances shall STLF be held liable for any delay or failure in the Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of STLF, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitations in this Limitation of Liability section as stipulated above.
Indemnity. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your access or use of the Site, including, but not limited to, (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any STLF Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
- General Terms
XII. Arbitration, Class Waiver, and Waiver of Jury Trial
|We operate in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Site.|
These Terms and the relationship between you and STLF shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and STLF agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Clara county in the state of California. You covenant not to sue STLF in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
NOTWITHSTANDING THE FOREGOING, THIS SECTION WILL NOT PREVENT STLF FROM SEEKING INJUNCTIVE RELIEF FROM ANY COURT HAVING JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER OF THEIR DISPUTE. You acknowledge that, in the event of a breach of these Terms by STLF or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against STLF, and your only remedy will be for monetary damages, subject to the limitations of liability set forth above.
Sky’s the Limit Fund Sobrato Center for Nonprofits 510A Valley Way Milpitas, CA 95035
Effective Date: October 1, 2015
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|“Personal Information” can be used to readily identify, contact, or locate you.|
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
The Site Collects Your Information
|We collect Personal Information when you:
We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Site.
You may visit the Site without providing Personal Information. However, to perform certain activities on the Site, you will need to submit Personal Information to us and our third-party vendors and service providers.
Grant Application. To apply for a grant through the Site, you will need to submit Personal Information, including your name, date of birth, gender, contact information, health-related information, social security numbers, finance-related information on tax forms and pay stubs, biographical information, and other information requested on the application form.
Donation Submission. To make a donation through the Site, you will need to submit Personal Information, including your name, mailing address, email address, and telephone number. You may also submit Personal Information about others, such as when you make a donation in tribute to another person.
Event Attendance and Sponsorship Sign-Up. To sign up through the Site to attend or sponsor events, you will need to submit Personal Information, such as your name, email address, telephone number, and mailing address.
Through Our Social Media Pages. When you interact with us through our social media pages, we will receive any Personal Information you provide to us.
Making Payments. When you make payments through the Site or through other electronic means, such as by text messaging, you may need to provide financial account information, such as your credit card number, to our third-party service providers. We do not collect or store such information, though we may receive summary information about a transaction that does not include credit card or bank account numbers.
Customer Support. We may collect Personal Information through your communications with our customer-support team.
Cookies, Automatic Data Collection, and Related Technologies. The Site collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics. When we associate such information with Personal Information, we will treat the combination as Personal Information.
When you use the Site or receive emails from us, we and our third-party partners, such as website analytics providers, use “cookies” and other similar technologies to collect information about how the Site or email is accessed. Our partners also may collect information about your online activities over time and on other websites or apps. When they provide such services, they are governed by their own privacy policies. You may be able to change browser settings to block and delete cookies when you access the Site through a web browser. However, if you do that, the Site may not work properly.
By using the Site, you are authorizing us to gather, parse, and retain data related to the provision of the Site.
How STLF Uses Your Information
|We use Personal Information to:
We may use aggregate information for any purpose, including for marketing purposes.
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to facilitate the Site. We may use and retain any data we collect to provide and improve any of our services.
Communications. We may send email to the email address you provide to us or place calls to a telephone number you provide us, to verify and clarify your submissions and for informational and operational purposes, such as customer service, system maintenance, and other Site-related information.
Marketing. We may use information, including Personal Information, to send you information we think may be useful or relevant to you, such as event invitations. You may opt out of email marketing by using the opt-out link within a marketing email.
Aggregate Data. We may anonymize or aggregate data collected through the Site and use it for any purpose.
STLF May Disclose Your Information
|We may share your Personal Information:
We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Site.
Displaying to Website Visitors. Certain Personal Information may be made available to visitors of the Site. For example, we may display your name on the Site as a donor or event sponsor. The Site may permit donors to specify whether you want to be listed publicly as a donor. You may contact us at email@example.com to request that your name not be listed on the Site. We are not responsible for the privacy practices of users who will view and use the posted information.
Wilderness Therapy Programs. We may share with the providers of wilderness therapy programs information, including Personal Information, regarding individuals to whom we have provided a grant. We are not responsible for how such wilderness therapy programs may use the information they receive about you from us.
Venues. To help facilitate the provision of an event, some event venues may need a list of event attendees in advance. We may provide the names of attendees to such venues.
Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.
Legal and Similar Disclosures. We may access, preserve, and disclose collected information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect your, our, or others’ rights, property, or safety.
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UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION
Sky’s the Limit Fund Sobrato Center for Nonprofits 510A Valley Way Milpitas, CA 95035
Effective Date: October 1, 2015
Sky’s the Limit Fund encourages the solicitation and acceptance of gifts for purposes that will assist Sky’s the Limit Fund (STLF) to further and fulfill its mission. The following policies and guidelines govern acceptance of gifts made to STLF or for the benefit of any of its programs.
I. Purpose of Policies and Guidelines
The Board of Directors of Sky’s the Limit Fund, the Executive Director, and staff solicit current and deferred gifts from individuals, corporations, and foundations to secure the future growth and mission of STLF. It is the purpose of these Policies and Guidelines to govern the acceptance of gifts (including grants) by STLF and to provide guidance to prospective donors and their advisors when making gifts to STLF. The provisions of these Policies shall apply to all gifts received by STLF for any of its programs or services.
II. Restrictions on Gifts/Designation of Gifts
Sky’s the Limit Fund will accept gifts, and gifts designated for specific programs and purposes, provided that such gifts are not inconsistent with its stated mission, purposes, and priorities, and provided that such designated gifts shall be subject to the applicable provisions of this Gift Acceptance Policy set forth in Section V below. STLF will not accept gifts that are too restrictive in purpose. Gifts that are too restrictive are those that violate the charitable trust of STLF, gifts that are accompanied by an improper economic benefit to the donor such as a gift that is conditioned on a commercial preference to the donor or affiliated company, or gifts that vest the donor with inappropriate control such as a gift that requires STLF to hire a specific person or take some other unacceptable action. All final decisions on the restrictive nature of a gift, and its acceptance or refusal, shall be made by the Board of Directors.
III. Gift Vehicles
Sky’s the Limit Fund will accept gifts through the following gift vehicles, subject to the applicable provisions of this Gift Acceptance Policy:
- Outright donations
- Testamentary bequests
- Charitable remainder trusts
- Charitable lead trusts
Sky’s the Limit Fund does not offer the following gift vehicles:
- Charitable gift annuities
- Pooled income funds
Sky’s the Limit Fund (STLF) is authorized to accept the following assets, subject to subject to the applicable provisions of this Gift Acceptance Policy.
|Cash or Cash Equivalents||Acceptable.|
|Charitable Pledge Agreements||Acceptable if payable only in the form of other acceptable assets listed herein.|
|Publicly Traded Securities||Acceptable. STLF shall promptly sell, unless otherwise designated by donor, any contributed securities in accordance with STLF’s investment policies.|
|Closely-Held Securities and Other Intangibles||Acceptable; provided that, STLF shall not accept securities and other intangible assets which may not be sold, have no value, or may result in additional liability to STLF.|
|Tangible Personal Property||Acceptable, subject to review by the Board of Directors. STLF shall not offer to value the contributed property. The donor shall sign a statement of ownership and disclose any liens on the property. STLF will not accept any property subject to a restriction on STLF’s ability to use, sell, or otherwise deal with the property as it deems necessary.|
|Life Insurance||Acceptable, subject to review by the Board of Directors. STLF may accept the gift of a life insurance policy, provided that STLF is the owner and the irrevocable beneficiary of the policy. If the policy is not fully paid-up, the donor shall be encouraged to make annual gifts to STLF enough to cover additional premiums. STLF shall have the right to retain the life insurance policy, cash it in, or otherwise make use of its value.|
|Real Estate||Acceptable, subject to review by the Board of Directors; provided that STLF will not accept any real estate subject to a restriction on STLF’s ability to use, sell, or otherwise deal with the property as it deems necessary. The basic policy of STLF is to sell all contributed property as soon as practicable. Costs related to acceptance of gifts of real property such as legal fees, surveying costs, hazardous waste surveys, etc., will be allocated as mutually agreed and such costs will not affect the recorded value of the gift. Appraisal costs are the responsibility of the donor.|
|In-Kind Gifts||Acceptable, subject to approval by the Executive Director. In-kind contributions include gifts of supplies, equipment, services and the like which are beneficial to STLF. In addition, costs incurred as a result of accepting the gift, such as transportation and storage, must be approved by the Executive Director.|
In addition to the above policies, bequests of real estate to the Sky’s the Limit Fund shall be subject to approval by the Board of Directors. In this connection, STLF shall review all proposed inter vivos gifts of real estate and shall consider such factors as sale and holding costs, current and expected future value, encumbrances, liabilities, title, restrictions, and any potential environmental issues prior to acceptance. Prior to accepting an inter vivos gift of real estate, the following steps will generally be taken:
Complete a profile of the property.
Obtain a copy of the deed, any encumbrances, leases, and current tax bill.
- Obtain a title report.
- Inspect the property.
- Consult with a real estate advisor as to marketability.
- Evaluate the potential for any environmental liabilities, including consulting with an environmental engineer or comparable advisor if deemed appropriate.
V. Miscellaneous Provisions
A. Executive Director: Except as provided in Article II above and subject to the other provisions of this Gift Acceptance Policy, the Executive Director shall have discretion and authority to accept undesignated gifts of a value up to $100,000. As to designated gifts, except as provided in Article II above and subject to the other provisions of this Gift Acceptance Policy, the Executive Director shall have discretion and authority to accept designated gifts of a value up to $50,000. Gifts above those amounts require prior approval by the Board of Directors.
B. Designated Gifts: Donors may choose to designate their funds to a specific STLF wilderness therapy partner program. If any of these funds remain unused after two years from their donation date, the remaining funds will be used to fund grants for any of the STLF wilderness therapy partner programs. If the relationship between STLF and a wilderness therapy partner program ceases, any unused restricted funds will be used for grants to any of the existing STLF wilderness therapy partner programs. Exceptions to this policy will be made at the discretion of the Board of Directors.
C. Planned Gifts: A “planned gift” is a gift a donor arranges during his or her lifetime. STLF may not receive the donation until the death of the donor and of any designated beneficiaries. If a donor makes a planned gift to STLF that is designated to a specific wilderness therapy partner program, and the relationship between STLF and the wilderness therapy program ceases at the time STLF is to receive the donation, the donation will be used to fund grants to any of the existing STLF wilderness therapy partner programs. In addition, if any such “planned gift” funds remain unused after two years from their donation date, the remaining funds will be used to fund grants for any of the STLF wilderness therapy partner programs. Exceptions to this policy will be made at the discretion of the Board of Directors.
D. Legal counsel: The Executive Director and Board of Directors may seek the advice of legal counsel where appropriate and shall seek the advice of legal counsel in all matters pertaining to the acceptance of a gift which may have adverse legal, ethical, or policy consequences to STLF. All prospective donors are urged to seek the assistance of personal legal, tax and financial advisors in matters relating to their gifts and the resulting tax and estate planning implications as STLF and its personnel do not give such personal legal, tax, financial or other advice to prospective donors or donors.
E. Securing appraisals and legal fees for gifts to Sky’s the Limit Fund: STLF shall not appraise property. It shall be the responsibility of the donor to secure an appraisal where required. STLF shall not pay the legal, appraisal or other fees or costs of the donor in this connection.
F. Valuation of gifts for development purposes: STLF shall record a gift received by STLF at its valuation for gift purposes on the date of gift, following generally accepted accounting principles (GAAP).
G. Responsibility for IRS filings upon sale of gift items: STLF is responsible for filing IRS Form 8282 upon the sale or disposition of any asset sold by STLF within two years of receipt where the charitable deduction value of the item was $5,000 or greater. STLF must file such form within 125 days of the date of sale or disposition of the asset.
H. Written acknowledgment: Written acknowledgment of all gifts made to STLF and compliance with the current IRS requirements in acknowledgement of such gifts shall be the responsibility of STLF.
- Allocation of Designated Funds to Operating Costs: Sky’s the Limit Fund is fortunate to have a business model that results in approximately 90% of total expenses being allocated to Programmatic Expenses which includes wilderness therapy grants. Non-profit organizations in different “industries” operate financially in very different ways and it is therefore difficult to set a specific programmatic expense ratio for non-profit organizations to meet. However, non-profits are considered to be operating efficiently if they have a programmatic expense ratio of 80% or better. Historically, STLF has allocated approximately 90% of expenses towards programmatic costs and 10% towards operating costs (administrative, management and fundraising costs). Given that administering a grant award does include incurring administrative and management expenses, it is acceptable and in line with Charity Navigator standards to allocate a portion of a designated donation (designated to grants for a specific wilderness therapy partner program) to these expenses. The balance of the donation will be used solely for wilderness therapy grants.
Therefore, 10% of a donation designated to grants for a wilderness therapy partner program will be allocated to operating expenses of STLF.
(Additional information regarding Charity Navigator’s rating system can be found on their website: www.CharityNavigator.org)