This Online Donation Agreement (“Agreement“) is entered into by and
between you, the donor (“You”), and The Fallen Outdoors, a 501(c)(3) non-
profit organization whose address is The Fallen Outdoors 20123 Ne 174th St,
Brush Prairie, WA 98606, whose federal Employer Identification Number is
47-5284354 (“TFO“), collectively referred to as the “Parties.” By authorizing
a payment for your charitable contribution to TFO, You agree to be bound by
these terms.
1. DONOR INFORMATION
Your donation for tax purposes will be in the name will be the name and
address used on the credit card or PayPal account used to make the
donation. If You wish your donation to be made in some other name, please
specify the person in whose name you wish to make the donation in the
information box provided at the time of payment.
2. DONATION
You agree to donate and TFO agrees to accept either a monthly donation or a
one-time gift. You may terminate your monthly donation payment by logging
into your TFO donor account and opting out of the campaign. The gift is a
charitable donation, not a payment for goods or services. You acknowledge
and agree that You are under no obligation to become a donor or to pledge a
donation and that You will be solely responsible for any decision to become a
donor. Unless otherwise specified by TFO at the time of the donation, the
donation will be used for fulfilling TFO’s mission, which is to battle suicide,
depression, anxiety, and so on, in the Military, Veteran, and Gold Star Family
communities, by coordinating and providing therapeutic outdoor adventures
that create connection, comradery, and community for our members to build
hope and healing, and for other lawful purposes as permitted under Section
501(c)(3) of the Internal Revenue Code.
3. PAYMENT
You will make your donation online by credit card or through TFO’s third-
party payment processor. The processing of these payments is handled by
the respective financial institutions and payment processors, and not by The
Fallen Outdoors (TFO). TFO does not see or store your method of payment
details. As a donor, You represent and agree You are age 18 or over, that all
payment information You provide to TFO or TFO’s third-party service
providers will be true, accurate, current, and complete and that you will
update such payment information as necessary to maintain such information
as true, accurate, current and complete. You warrant that the donation is
free of any encumbrances and that You have full legal rights to donate. Once
payment is made, TFO will not refund any donation amounts made. If the
between you, the donor (“You”), and The Fallen Outdoors, a 501(c)(3) non-
profit organization whose address is The Fallen Outdoors 20123 Ne 174th St,
Brush Prairie, WA 98606, whose federal Employer Identification Number is
47-5284354 (“TFO“), collectively referred to as the “Parties.” By authorizing
a payment for your charitable contribution to TFO, You agree to be bound by
these terms.
1. DONOR INFORMATION
Your donation for tax purposes will be in the name will be the name and
address used on the credit card or PayPal account used to make the
donation. If You wish your donation to be made in some other name, please
specify the person in whose name you wish to make the donation in the
information box provided at the time of payment.
2. DONATION
You agree to donate and TFO agrees to accept either a monthly donation or a
one-time gift. You may terminate your monthly donation payment by logging
into your TFO donor account and opting out of the campaign. The gift is a
charitable donation, not a payment for goods or services. You acknowledge
and agree that You are under no obligation to become a donor or to pledge a
donation and that You will be solely responsible for any decision to become a
donor. Unless otherwise specified by TFO at the time of the donation, the
donation will be used for fulfilling TFO’s mission, which is to battle suicide,
depression, anxiety, and so on, in the Military, Veteran, and Gold Star Family
communities, by coordinating and providing therapeutic outdoor adventures
that create connection, comradery, and community for our members to build
hope and healing, and for other lawful purposes as permitted under Section
501(c)(3) of the Internal Revenue Code.
3. PAYMENT
You will make your donation online by credit card or through TFO’s third-
party payment processor. The processing of these payments is handled by
the respective financial institutions and payment processors, and not by The
Fallen Outdoors (TFO). TFO does not see or store your method of payment
details. As a donor, You represent and agree You are age 18 or over, that all
payment information You provide to TFO or TFO’s third-party service
providers will be true, accurate, current, and complete and that you will
update such payment information as necessary to maintain such information
as true, accurate, current and complete. You warrant that the donation is
free of any encumbrances and that You have full legal rights to donate. Once
payment is made, TFO will not refund any donation amounts made. If the
donation is made as a recurring monthly gift, You may at any time prior to
the processing of the payment cancel your donation by logging into your TFO
donor account and opting out of the campaign.
4. TAX DEDUCTION
You acknowledge that TFO is a 501(c)(3) organization and any contributions
made under this Agreement are tax-deductible to the extent permitted by
law. You should consult your tax advisors regarding the deductibility of their
donations. Note that it is important for You to keep records of your donations
and to consult with your tax advisors to understand the tax implications of
their contributions.
5. EXPENSES
Any expenses associated with the execution of this Agreement, such as
transfer expenses, credit card interest payments, and any other cost in
making a donation are Your responsibility.
6. DISCLAIMER OF WARRANTIES
TFO expressly disclaims any warranties or representations of any kind,
whether express, implied, statutory, or otherwise with respect to the use,
application, and success of the donated amounts. This includes, without
limitation, any warranty of merchantability, fitness for a particular purpose,
title, non-infringement, and any warranties arising out of course of dealing or
usage of trade.
TFO does not warrant that the use of the donated amounts will achieve any
particular results or meet the Donor’s expectations. The Donor acknowledges
that the application and success of the donated amounts depend on a
variety of factors outside TFO’s control, and that TFO makes no guarantee as
to the effectiveness or success of its programs, initiatives, or endeavors
funded by the donated amounts.
The Donor acknowledges and agrees that the donation is made with the
understanding that TFO has complete control and administration over the
use of the donated funds. TFO is committed to using all donated funds
efficiently and in a manner that furthers its charitable purposes, but it
provides no warranty as to the specific use or impact of any particular
donation.
The Donor acknowledges that the donation is made ‘as is’ and without any
warranties as to the achievement of any particular tax benefits. The Donor
should consult with their own tax advisors regarding the tax implications of
their donation.
7. LIMITATION OF LIABILITY
donor account and opting out of the campaign.
4. TAX DEDUCTION
You acknowledge that TFO is a 501(c)(3) organization and any contributions
made under this Agreement are tax-deductible to the extent permitted by
law. You should consult your tax advisors regarding the deductibility of their
donations. Note that it is important for You to keep records of your donations
and to consult with your tax advisors to understand the tax implications of
their contributions.
5. EXPENSES
Any expenses associated with the execution of this Agreement, such as
transfer expenses, credit card interest payments, and any other cost in
making a donation are Your responsibility.
6. DISCLAIMER OF WARRANTIES
TFO expressly disclaims any warranties or representations of any kind,
whether express, implied, statutory, or otherwise with respect to the use,
application, and success of the donated amounts. This includes, without
limitation, any warranty of merchantability, fitness for a particular purpose,
title, non-infringement, and any warranties arising out of course of dealing or
usage of trade.
TFO does not warrant that the use of the donated amounts will achieve any
particular results or meet the Donor’s expectations. The Donor acknowledges
that the application and success of the donated amounts depend on a
variety of factors outside TFO’s control, and that TFO makes no guarantee as
to the effectiveness or success of its programs, initiatives, or endeavors
funded by the donated amounts.
The Donor acknowledges and agrees that the donation is made with the
understanding that TFO has complete control and administration over the
use of the donated funds. TFO is committed to using all donated funds
efficiently and in a manner that furthers its charitable purposes, but it
provides no warranty as to the specific use or impact of any particular
donation.
The Donor acknowledges that the donation is made ‘as is’ and without any
warranties as to the achievement of any particular tax benefits. The Donor
should consult with their own tax advisors regarding the tax implications of
their donation.
7. LIMITATION OF LIABILITY
To the extent permitted by law, TFO shall not be held liable to You or any
other party for any indirect, incidental, consequential, special, exemplary or
punitive damages, lost profits, revenues or business opportunities,
irrespective of whether such damages were foreseeable and whether or not
TFO has been advised of the possibility of such damages. This limitation of
liability shall apply to the fullest extent permitted by law in the applicable
jurisdiction.
8. GOVERNING LAW
This Agreement will be governed by, and construed in accordance with, the
laws of the State of Washington without regard to its conflict of laws
principles. The Parties agree that any action or proceeding arising out of or
relating to this Agreement will be instituted in the federal or state courts
located within the State of Washington.
9. ARBITRATION AND CLASS ACTION WAIVER
Arbitration Agreement: The Parties agree that any and all disputes or claims
that have arisen or may arise between them shall be resolved exclusively
through final and binding arbitration, rather than in court. The Parties agree
that any arbitration will occur on an individual basis; class arbitrations and
class/representative/collective actions are not permitted.
Class Action Waiver: THE PARTIES AGREE THAT THEY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR
REPRESENTATIVE PROCEEDING. Further, unless both Parties agree otherwise
in writing, the arbitrator may not consolidate more than one person’s claims
and may not otherwise preside over any form of a representative or class
proceeding.
Please note that the enforceability of arbitration agreements and class action
waivers can vary based on jurisdiction and specific circumstances, and there
are sometimes exceptions, particularly for certain types of claims. Thus, it’s
important that you consult with a legal professional to ensure this clause will
be enforceable and suitable in your specific circumstances.
IN WITNESS WHEREOF, the Parties have executed this Online Donation
Agreement as of the date the donation is made.
punitive damages, lost profits, revenues or business opportunities,
irrespective of whether such damages were foreseeable and whether or not
TFO has been advised of the possibility of such damages. This limitation of
liability shall apply to the fullest extent permitted by law in the applicable
jurisdiction.
8. GOVERNING LAW
This Agreement will be governed by, and construed in accordance with, the
laws of the State of Washington without regard to its conflict of laws
principles. The Parties agree that any action or proceeding arising out of or
relating to this Agreement will be instituted in the federal or state courts
located within the State of Washington.
9. ARBITRATION AND CLASS ACTION WAIVER
Arbitration Agreement: The Parties agree that any and all disputes or claims
that have arisen or may arise between them shall be resolved exclusively
through final and binding arbitration, rather than in court. The Parties agree
that any arbitration will occur on an individual basis; class arbitrations and
class/representative/collective actions are not permitted.
Class Action Waiver: THE PARTIES AGREE THAT THEY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR
REPRESENTATIVE PROCEEDING. Further, unless both Parties agree otherwise
in writing, the arbitrator may not consolidate more than one person’s claims
and may not otherwise preside over any form of a representative or class
proceeding.
Please note that the enforceability of arbitration agreements and class action
waivers can vary based on jurisdiction and specific circumstances, and there
are sometimes exceptions, particularly for certain types of claims. Thus, it’s
important that you consult with a legal professional to ensure this clause will
be enforceable and suitable in your specific circumstances.
IN WITNESS WHEREOF, the Parties have executed this Online Donation
Agreement as of the date the donation is made.
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