Terms of Service

Effective Date: January 1, 2025

Welcome to the website of The Nash Group Community Foundation, Inc. ("TNGCF," "we," "us," or "our"). By accessing or using our website at tngcf.org (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site.

1. Acceptance of Terms

By accessing and using this Site, you accept and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time. Continued use of the Site after changes constitutes acceptance of the modified Terms.

2. Use of the Site

You agree to use the Site only for lawful purposes and in a manner that does not:

• Violate any applicable local, state, national, or international law
• Infringe upon the rights of others
• Interfere with or disrupt the Site or servers
• Attempt to gain unauthorized access to any portion of the Site
• Transmit any viruses, malware, or harmful code
• Collect or harvest any information from the Site without permission
• Engage in any conduct that restricts others' use of the Site

3. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, videos, and software, is the property of TNGCF or its content suppliers and is protected by United States and international copyright laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our Site without our prior written consent, except for:

• Temporary storage in your computer's cache or RAM
• Storing files automatically cached by your browser
• Printing pages for personal, non-commercial use

4. Donations

All donations made through our Site are voluntary and non-refundable unless otherwise required by law. By making a donation, you confirm that:

• You are authorized to use the payment method provided
• The information you provide is accurate and complete
• You understand that donations are tax-deductible to the extent permitted by law

Tax receipts will be provided for all donations as required by IRS regulations.

5. User Submissions

If you submit any content to our Site (including through forms, emails, or applications), you grant TNGCF a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content for our charitable purposes.

You represent that any content you submit is accurate, does not violate any third-party rights, and complies with all applicable laws.

6. Third-Party Links

Our Site may contain links to third-party websites. These links are provided for your convenience only. We do not control and are not responsible for the content, privacy policies, or practices of any third-party sites. Your use of third-party websites is at your own risk.

7. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TNGCF DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that the Site will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or reliability of any information obtained through the Site

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TNGCF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO:

• Loss of data or profits
• Business interruption
• Personal injury or property damage

Our total liability shall not exceed the amount you donated to TNGCF in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless TNGCF, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of your use of the Site or violation of these Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Jackson County, Missouri.

11. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

12. Entire Agreement

These Terms, together with our Privacy Policy and Donor Privacy Policy, constitute the entire agreement between you and TNGCF regarding your use of the Site.

13. Contact Information

If you have questions about these Terms, please contact us: