terms and conditions

Terms and Conditions (T&C) for ENA Kindness in Action, Inc.

Effective date: [Insert Date]

1) Introduction and scope

- This Document governs your use of ENA Kindness in Action, Inc. (the “Organization,” “we,” “us,” or

“our”) website located at enakindnessinaction.com (the “Site”), any related services (including donation

processing, event registration, volunteering, partnerships with schools, and programs described on the

Site) (collectively, the “Services”), and any accounts you may create to access or use the Services (each, a

"User", collectively “Users”).

- By accessing, creating an account, donating, registering for events, or otherwise using the Services, you

agree to these Terms and Conditions. If you do not agree, do not use the Services.

- These Terms constitute the entire agreement between you and the Organization regarding the Services

and supersede all prior or contemporaneous communications and proposals, whether oral or written.

2) Definitions

-

“Donor” means a person or entity who makes a financial contribution to the Organization through the

Site or approved channels.

-

“Program” means any charitable activity, relief, education, empowerment, food/clothing distribution,

crisis relief, or environmental initiative supported by the Organization.

-

“Content” means all text, images, video, audio, or other materials on the Site provided by the

Organization or by Users.

-

“Personal Data” means any information relating to an identified or identifiable natural person, as

defined by applicable data protection laws.

3) Acceptance and formation

- By clicking an “I agree,” “Donate,” “Register,” “Join,” “Submit,” or similar button, you affirmatively

accept these Terms (a “Click-To-Accept” mechanism). If you do not click to accept, you may not use those

features.

- We may update or modify these Terms from time to time. Where required by law, we will provide

notice of material changes and the opportunity to review and accept the updated terms before they

apply to you.

) Use of the Site and account eligibility

- You must be at least 18 years old to create an account or to donate on behalf of an organization, unless

otherwise permitted by law.

- You agree to provide accurate, current, and complete information as requested for account creation,

donations, event registrations, or partnerships, and to promptly update information as needed.

5) Donations and financial terms

- Donations: You may donate via PayPal, debit/credit card, or other approved methods. By providing

payment information, you authorize the Organization to charge the amounts you authorize and to

process payments through the payment provider.

- Refunds: Donations are generally non-refundable, except as required by applicable law or as

determined by the Organization in its sole discretion. If you seek a refund, contact us at [email address]

with the subject “Refund Request” and provide relevant details.

- Tax considerations: The Organization is a nonprofit; donors may be eligible for potential tax deductions

to the extent permitted by law. Please consult your tax advisor. The Organization’s tax-exempt status

(e.g., 501(c)(3)) should be independently verified; if applicable, we will provide an acknowledgment of

receipt for donations as required by law.

6) Programs and services

- The Organization provides various programs (food distribution, clothing distribution, education,

empowerment, crisis relief, and related activities) aimed at vulnerable populations and partner

schools/educational institutions.

- Not every program is available in every location or at all times. Details, eligibility, scheduling, and terms

for specific programs will be provided at the time of enrollment, registration, or partner agreement.

7) Event bookings and experiential offerings

- If the Site offers paid experiences (e.g., City Walking Tours or similar activities), the price, cancellation

policy, and any terms will be stated at the time of booking. Fees and refunds are subject to the stated

policy and applicable law.

- All such events are subject to capacity, safety, and local regulations. The Organization reserves the right

to change or cancel events for operational reasons or force majeure.

8) Intellectual property

Ownership: All Content and materials on the Site belong to the Organization or its licensors. All rights

not expressly granted are reserved.

- License to you: The Organization grants you a limited, non-exclusive, non-transferable license to access

and use the Site and Content for personal, non-commercial purposes in connection with the Services,

subject to these Terms.

- Restrictions: You will not copy, modify, distribute, reproduce, publish, display, perform, or create

derivative works from the Content without prior written consent, except as expressly permitted by these

Terms.

- Trademarks: ENA Kindness in Action, Inc. logos, and related marks are trademarks of the Organization.

Use requires express written permission.

9) User content and conduct

- You may be able to contribute content (comments, testimonials, inquiries) on or through the Site. By

posting Content, you grant the Organization a worldwide, non-exclusive, irrevocable, royalty-free license

to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection

with the Services.

- Prohibited conduct: You agree not to engage in any activity that is unlawful, fraudulent, or harmful,

including but not limited to harassment, hate speech, discrimination, fraud, misrepresentation, or

violation of applicable laws or third-party rights. The Organization may suspend or terminate access for

violations.

10) Privacy and data protection

- Privacy Policy: Your use of the Site is subject to the Organization’s Privacy Policy, which explains data

collection, use, sharing, retention, security, and your rights. The Policy is incorporated by reference.

- Data security: The Organization employs commercially reasonable security measures. However, no

system is absolutely secure. You acknowledge and accept security risks inherent in online data

transmission.

- Data subject rights: To exercise any applicable rights under privacy laws, contact the Organization at the

address below.

11) Data transfers and cross-border data flows

- If you are located outside the United States, you acknowledge and consent to the transfer, processing,

and storage of Personal Data in the United States and other jurisdictions, subject to appropriate

safeguards as required by law

12) Disclaimers and limitation of liability

- As-Is: The Site and Services are provided "as is" and "as available." The Organization makes no

warranties of any kind, express or implied, including but not limited to merchantability, fitness for a

particular purpose, or non-infringement.

- Limitation of liability: To the maximum extent permitted by law, the Organization, its officers, directors,

employees, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential,

or punitive damages, or for loss of profits, data, or use, arising out of or in connection with these Terms

or the Services.

- Cap on damages: In any event, the Organization’s total aggregate liability shall not exceed the amount

paid by you to the Organization in the twelve (12) months preceding the event giving rise to the claim, or

USD $100 if you have not paid any amount.

13) Indemnification

- You agree to indemnify, defend, and hold harmless the Organization and its affiliates, officers, directors,

employees, volunteers, contractors, and Partners from any claims, losses, liability, damages, costs, and

expenses (including reasonable attorneys’ fees) arising from your use of the Services, violation of these

Terms, or violation of any rights of a third party.

14) Third-party services and links

- The Site may contain links to third-party sites or services. The Organization does not control and is not

responsible for the content, policies, or practices of any third parties. Your interactions with those

services are solely between you and the third party.

15) Governing law and forum; dispute resolution

- Governing law: These Terms and their formation and interpretation are governed by the laws of the

State of Florida, without regard to its conflict of laws rules.

- Forum: Any legal action arising out of or relating to these Terms or the Services shall be brought

exclusively in the state or federal courts located in Orange County, Florida, and you consent to the

jurisdiction of such courts.

- Disputes: For any dispute arising out of or relating to these Terms, you and the Organization agree to

attempt to resolve the dispute through good-faith negotiation before pursuing formal remedies.

- Arbitration (optional): If you prefer, you may opt into binding arbitration under the rules of the

American Arbitration Association (AAA) or JAMS, with a seat in Florida. Class action waivers may apply as

permitted by law.

) Class action waiver and jury trial waiver

- To the fullest extent permitted by applicable law, you and the Organization agree that any dispute will

be resolved individually, and you waive the right to participate in or initiate any class action or

representative action regarding these Terms or the Services. There is no right to a jury trial in arbitration

(if arbitration is chosen).

17) Modifications to the Terms

- We may modify these Terms from time to time. If changes are material, we will provide notice (e.g., via

email or a prominent notice on the Site) and obtain your consent if required by law prior to the changes

taking effect (for example, in the case of a material change in privacy practices or in the scope of paid

services).

18) Suspension and termination

- We may suspend or terminate your access to the Services at any time for any reason, including

violations of these Terms, safety concerns, fraud, or non-payment of fees, without liability to you.

- Upon termination, your rights to use the Site and Services terminate, except for any rights that by their

nature should survive termination (e.g., license to Content you posted prior to termination, to the extent

legally permissible).

19) Suspension of services and force majeure

- Neither party will be liable for any failure to perform due to events beyond its reasonable control,

including natural disasters, acts of government, pandemics, or other force majeure events.

20) Accessibility and non-discrimination

- The Organization will strive to comply with applicable accessibility standards. The Organization

condemns discrimination and will comply with applicable civil rights laws in its programs and services.

21) Export controls and sanctions

- You agree not to use the Services to facilitate violations of export controls, sanctions, or other

applicable laws.

22) Notices

- To provide notices under these Terms, the Organization may send notices via the Site, email, or postal

mail to the addresses you provide. You agree that electronic communications satisfy any legal

requirement for written notice.

23) Severability and waiver

- If any provision of these Terms is found unenforceable, the remainder shall remain in full force and

effect. A failure by the Organization to enforce any right or provision shall not be considered a waiver of

such right or provision.

24) Entire agreement

- These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the

entire agreement between you and the Organization regarding the Services and supersede any prior

understandings or agreements.

25) Miscellaneous

- No agency, partnership, or joint venture is created by these Terms, and you do not have any authority

to bind the Organization.

- If you are a school or educational institution entering into a partnership, separate written agreements

or memoranda of understanding may govern such arrangements, and these Terms apply to the extent

consistent with those agreements.

Security, privacy, and compliance notes

- Florida-specific guidance: These Terms reflect Florida’s legal context (FDUPTA considerations, UETA and

the E-SIGN Act for electronic contracts). They are designed to be consistent with consumer protection

expectations, transparency standards, and orderly dispute resolution.

- Data security: Please refer to the Privacy Policy for data practices. If you are handling sensitive

information on behalf of the Organization, consider additional data processing agreements with third-

party processors and vendors.

- Nonprofit transparency: While not a substitute for formal financial disclosures, the Organization should

consider publishing an annual report or impact metrics to satisfy institutional donors and grant makers.

Contact information

- General inquiries, partnership proposals, donations, and program questions: [Email address]

- Mailing address: ENA Kindness in Action, Inc., [Street Address], Orlando, FL [ZIP]

Phone: +1 (407) 569-8079

Notes for customization

- Replace placeholders with accurate information (insert effective date, email, street address, and any

applicable links).

- If the Organization obtains 501(c)(3) status or other registrations, include a statement confirming that

status and a reference to the appropriate tax documents and disclosures.

- If you plan to use arbitration, specify the chosen arbitration provider, the seat (Orlando or another

Florida location), and the governing rules (AAA or JAMS). Include a carve-out for certain disputes (e.g.,

small claims court, or consumer protection claims) if desired.

- Consider adding a separate, easily accessible Privacy Policy and a Help/Support page to boost

transparency and FDUPTA risk management.

Would you like me to tailor this T&C draft to a specific model (e.g., with a specific arbitration clause, a

separate donation policy, or a dedicated partner agreement section for schools) or insert placeholders

for your law firm or counsel to review?