Terms and Conditions
Livingry Foundation
Effective Date: November 22, 2025
Last Updated: November 22, 2025
1. Agreement to Terms
Welcome to the Livingry Foundation website and services. These Terms and Conditions (the "Terms") constitute a legal agreement between you ("User," "you," or "your") and Livingry Foundation (the "Foundation," "we," "us," or "our"). By accessing, browsing, or using this website, our services, participating in our programs, making donations, or engaging with us in any manner, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our website following such modifications constitutes your acceptance of the updated Terms.
2. Use License and Restrictions
2.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for lawful, personal, non-commercial purposes only.
2.2 Permitted Use
You may:
· View and download content for personal, non-commercial use
· Make donations and participate in our programs and events
· Contact us with questions and inquiries
· Volunteer for our Foundation, subject to additional volunteer agreements
2.3 Prohibited Use
You agree not to:
· Reproduce, distribute, or transmit any content without permission
· Engage in any illegal activity or violate any applicable laws
· Attempt to gain unauthorized access to our website or systems
· Transmit viruses, malware, or harmful code
· Use the website for commercial purposes, spam, or phishing
· Harass, threaten, or defame any person or organization
· Reverse engineer, decompile, or attempt to derive the source code of our systems
· Remove, obscure, or alter any copyright, trademark, or other proprietary notices
· Engage in any activity that disrupts the normal operation of the website or services
· Create automated systems to access or data-scrape the website
· Use the website for unauthorized competitive analysis or benchmarking
3. Donations and Payments
3.1 Donation Terms
When you make a donation to Livingry Foundation:
· You represent and warrant that you have the authority to make the donation
· You authorize the Foundation to charge your payment method for the full donation amount
· Donations are made voluntarily and are generally non-refundable, except as required by law
· The Foundation will provide appropriate tax documentation for charitable donations
3.2 Payment Processing
· Payments are processed through secure, third-party payment processors
· We accept major credit cards, debit cards, and other payment methods as indicated
· Your payment information is encrypted and protected in accordance with PCI-DSS standards
· Recurring donations may be modified or canceled at any time by contacting us
3.3 Tax Deductibility
Livingry Foundation is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Your donations may be tax-deductible to the extent allowed by law. We will provide tax documentation upon request. Consult with a tax professional regarding the deductibility of your specific donation.
3.4 Donation Use
Donations are used to support the Foundation's mission and programs. While we strive to honor donor intent, we retain the discretion to use donations where most needed to further our mission.
3.5 No Refunds
Donations are non-refundable except where required by applicable law or in cases of error. If you believe an error has occurred with your donation, please contact us within thirty (30) days.
4. Intellectual Property Rights
4.1 Foundation Ownership
All content on our website, including text, graphics, logos, images, audio, video, and software (the "Content"), is the property of Livingry Foundation or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.
4.2 Limited License
We grant you a limited license to view and download the Content for personal, non-commercial use only. This license does not include the right to:
· Modify, adapt, or create derivative works
· Reproduce or distribute the Content beyond personal use
· Use the Content for commercial purposes
· Remove any proprietary notices or labels
· Resell or sublicense the Content
4.3 User-Generated Content
Any content you submit to the Foundation (including comments, feedback, photos, or testimonials) grants us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such content for our programs, website, marketing, and communications purposes.
4.4 Trademark Notice
"Livingry Foundation" and related logos and marks are trademarks of Livingry Foundation. You may not use these trademarks without express written permission.
5. Website Content and Accuracy
5.1 Accuracy of Information
We strive to ensure the accuracy of all information on our website. However, we do not guarantee that all content is accurate, complete, or current. Information may contain errors, omissions, or outdated content.
5.2 No Warranties
The website and all content are provided on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:
· Merchantability and fitness for a particular purpose
· Accuracy, completeness, and timeliness
· Non-infringement and non-violation of third-party rights
· Freedom from viruses or harmful code
5.3 Third-Party Information
The Foundation may provide information from external sources, research, or partner organizations. We do not endorse or verify third-party information and are not responsible for its accuracy or content.
5.4 Medical and Legal Disclaimers
Nothing on our website constitutes medical advice, legal advice, or professional counsel. Always consult with qualified professionals for medical, legal, or technical advice. The Foundation is not liable for any consequences resulting from your reliance on website content.
6. Limitation of Liability
6.1 Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, LIVINGRY FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2 Cap on Liability
EXCEPT WHERE PROHIBITED BY LAW, THE FOUNDATION'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR DONATIONS OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
6.3 Exclusions
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. If such limitations are unenforceable in your jurisdiction, our liability will be limited to the maximum extent permitted by law.
7. Indemnification
You agree to indemnify, defend, and hold harmless Livingry Foundation, its officers, directors, employees, agents, and contractors from any claims, damages, losses, liabilities, or expenses (including reasonable attorney's fees) arising from or related to:
· Your use of the website or services
· Your violation of these Terms
· Your violation of any applicable laws or regulations
· Your violation of any third-party rights
· Any content you submit or actions you take
8. Volunteer Services
8.1 Volunteer Agreement
Volunteers who work with Livingry Foundation agree to adhere to our volunteer standards, policies, and code of conduct. Volunteering is at-will and may be terminated by either party at any time.
8.2 No Employment Relationship
Volunteering does not create an employment relationship, and volunteers are not entitled to employee benefits, compensation, or worker's compensation unless otherwise agreed in writing.
8.3 Liability Release
Volunteers acknowledge that volunteer activities may involve inherent risks. By volunteering, you assume those risks and release the Foundation from liability for injuries or damages incurred during volunteer activities, except where prohibited by law.
9. Program Participation
9.1 Eligibility and Participation
Participation in Foundation programs is subject to eligibility requirements, which may include age, background checks, health requirements, and other criteria as determined by the Foundation. We reserve the right to deny or terminate participation.
9.2 Code of Conduct
Participants agree to follow all rules, guidelines, and codes of conduct established by the Foundation. Violation of these standards may result in termination of participation.
9.3 Photography and Media Release
By participating in Foundation programs, you may be photographed, recorded, or filmed. Unless you provide written notice to the contrary, you grant the Foundation permission to use your image, likeness, and recordings for promotional, educational, and archival purposes.
10. Communications and Consent
10.1 Email Communications
By providing your email address, you consent to receive emails from the Foundation regarding programs, donations, events, and other matters. You may opt out at any time by clicking the unsubscribe link in emails or contacting us.
10.2 Phone Communications
If you provide a phone number, you may receive calls or text messages from the Foundation regarding programs, donations, and services. Standard message and data rates may apply. You may opt out of SMS communications by texting STOP.
10.3 Telemarketing Restrictions
The Foundation complies with the Telephone Consumer Protection Act (TCPA) and Do Not Call regulations. If you are on a national or state Do Not Call list, we will honor that preference except for transactional communications related to existing donations or services.
11. External Links and Third-Party Websites
Our website may contain links to third-party websites that are not operated by Livingry Foundation. We are not responsible for:
· The content, accuracy, or policies of third-party websites
· Any transactions, interactions, or disputes with third parties
· Any damages or losses resulting from your use of third-party websites
Inclusion of links does not constitute endorsement of third-party websites or their content. You use third-party websites at your own risk and subject to their terms and conditions.
12. Termination and Suspension
We reserve the right to terminate or suspend your access to the website or services at any time, without notice, for any reason, including:
· Violation of these Terms
· Illegal activity or fraud
· Harassment or abuse of staff or volunteers
· Non-payment of obligations
· Violation of a third party's rights
Upon termination, your license to use the website and services ceases immediately.
13. Dispute Resolution and Governing Law
13.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts of law principles.
13.2 Venue and Jurisdiction
You agree that any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Santa Fe, New Mexico. You consent to the personal jurisdiction and venue of these courts.
13.3 Dispute Resolution
Before initiating legal proceedings, we encourage you to contact us to attempt to resolve disputes informally. Contact information is provided in Section 14.
13.4 Waiver of Jury Trial and Class Actions
TO THE EXTENT PERMITTED BY LAW, BOTH YOU AND THE FOUNDATION WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT. DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS.
14. Modification and Severability
14.1 Modification of Terms
The Foundation reserves the right to modify these Terms at any time. Modifications become effective when posted to the website. Your continued use of the website and services constitutes acceptance of modified Terms.
14.2 Severability
If any provision of these Terms is found to be invalid, unenforceable, or in violation of applicable law, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Foundation regarding the website and services and supersede all prior agreements, understandings, and negotiations, whether written or oral.
16. Contact Information
For questions about these Terms and Conditions, to report violations, or to exercise your rights, please contact us:
Livingry Foundation
Mailing Address:
535 Camino Militar
Santa Fe, New Mexico 87501
USA
Email: Andrew Ungerleider – aungerleider@mac.com
Response Time: We will respond to inquiries within thirty (30) days of receipt.
Document Version Information
Document Name: Livingry Foundation Privacy Policy and Terms and Conditions
Organization: Livingry Foundation
Address: 535 Camino Militar, Santa Fe, New Mexico 87501
Contact: Andrew Ungerleider, aungerleider@mac.com
Effective Date: November 22, 2025
Version: 1.0
Prepared By: Legal Documentation Service