Terms of Use
Last Update: February 19, 2026
Introduction
These Terms of Use (“Terms”) govern your use of frankandeileen.org and its services (the “Services”) made available by the Frank & Eileen Foundation (the “Foundation,” “we,” or “us”). You can contact us if you have any questions or concerns. If you do not understand or agree to these Terms, do not use the Services.
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Notice (together, the “Agreement”).
Please read this Agreement carefully before you accept it. If you do not accept or cannot understand anything in these Terms, stop using the Services immediately.
Updates
These Terms are effective as of the last updated date above. As the Services change, we may update these Terms by posting a new version and updating the last updated date.
It is your sole responsibility to review these Terms from time to time to view the current Terms. By using or accessing the Services after the last updated date, you accept the current Terms. If you do not accept a change to the Terms, stop using the Services immediately.
Contact
You may contact us regarding the Services or these Terms at: hello@frankandeileen.org
Eligibility and Responsibilities
To use the Services, you must comply with these restrictions.
Age: You must be 16 or older to use the Services, or otherwise of legal age to form a binding contract in your jurisdiction. If you are under the age of majority where you live, but are 16 or older, you are only permitted to use the Services if your parent or guardian accepts these Terms on your behalf prior to use of the Services. By using the Services, you affirm that you are of legal age to enter into this Agreement and to use the Services.
Business use: If you use the Services on behalf of a company, then “you” includes you and that entity, and you represent and warrant that (i) you are authorized to bind the company to these Terms, and (ii) you agree to these Terms on the company’s behalf.
You are responsible for all your activity in connection with the Services. Most importantly, you represent and warrant that you will not use the Services in any way that violates applicable law.
Other Applicable Terms
Additional Policies
Certain additional terms apply to you when using the Services. These policies and terms also form part of the Agreement between us, including:
- our Privacy Notice, which explains how we collect and process your personal information;
- any other policies or operating rules posted by us on the Services.
We may update any of these policies in the same way we update the Terms. Please review them from time to time to ensure that you remain aware of the current versions.
Outside Links, Materials and Terms. The Services may link to, embed, integrate or connect third party services which may be subject to additional legal terms made available by their third-party provider. The Agreement does not apply to third party services and the terms governing such services. By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of third party services and any act or omission of any provider of such services. We do not warrant, endorse or otherwise guarantee the third party services and their integration, interoperation or support with the Services.
Donations and Contributions
Donations and other financial contributions are processed by our fundraising partner(s). You may be required to create an account with our fundraising partner(s) in order to donate or contribute. As of the Last Update, our principal fundraising partner is Funraise. We and Funraise receive the information you provide to process your donation, send receipts and maintain donation records, such as for tax purposes. Receipts and other donation communications are facilitated by our email service provider(s).
You acknowledge and agree that all information you provide in connection with any contribution is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to our fundraising partner(s), including, without limitation, any credit card you provide when completing a transaction.
Content
Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services (“Our Content”) is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
You may use the Services and Our Content solely for personal and non-commercial purposes. All rights not specifically granted in the license set forth above will be reserved and remain always with the Foundation. You acquire no rights or licenses in or to the Services or Our Content other than the limited right to utilize the Services in accordance with these Terms.
Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants you, or any third party, any right, title, or interest in or to Our Content, the Services or other intellectual property provided in connection with this Agreement, whether by implication, waiver, estoppel, or otherwise.
Disclaimers, Limits on Liability & Indemnification
Warranties.
The Services, contribution opportunities and Our Content are provided “as is” without warranty of any kind. To the fullest extent permitted by law, we disclaim without limitation all warranties, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise, including the warranties of merchantability, title, non-infringement of third parties’ intellectual property rights, or fitness for a particular purpose.
Use of the Services and the transmission of data through the Services is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty that is not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.
Limitations of Liability. Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of this Agreement for:
Any indirect, special, incidental, or consequential damages of any kind, or
Any aggregate amount in excess of $100.
For clarity, this means we will not be liable for: unauthorized access to or loss of data, loss of information, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services. These limits apply to all claims, obligations and liabilities relating to this Agreement, even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur these damages, and even if these limited remedies fail of their essential purpose. In each case, these limitations apply only to the extent they are not prohibited by applicable law.
Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless the Foundation, its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or related to any third party claims relating to (i) your use of the Services or interactions with the Foundation (including any contributions) and/or (ii) your violation of this Agreement or of law. Our failure to timely notify you of an indemnifiable claim will not eliminate or reduce your indemnification obligations hereunder.
Dispute Resolution
Informal Efforts First. In the unlikely event that you and the Foundation have a legal dispute, you and the Foundation agree to try to resolve it among ourselves first.
You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute.
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use the Services or interactions with the Foundation (including any contributions), will be resolved in a court of law.
Jury Trial Waiver. You and the Foundation hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury.
Class Action Waiver. You and the Foundation agree that each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.
Limitations Period. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Agreement must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred.
Additional Provisions
Feedback. Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Feedback”) you send us are our exclusive property. By submitting Feedback, you assign any and all intellectual property rights in the Feedback to us. We may, but are not required to, use the Feedback, including any proprietary rights therein, for any purpose whatsoever, without any attribution, financial compensation, or reimbursement of any kind to you or any third party.
Marketing Messages. If you provide us with your consent, we may send you marketing communications and other updates. You also understand that you may opt out of receiving messages from us at any time by clicking ‘unsubscribe’ in any of our emails or by contacting us.
Governing Law; Forum. These Terms are governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You and we agree to only bring disputes and any other legal proceeding in the state and federal courts located in Los Angeles County, California. You and we consent to the jurisdiction of those courts. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would be an inadequate remedy and we will be entitled to equitable relief in addition to any remedies we may have under this Agreement or at law without a bond, other security or proof of damages.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the California Department of Consumer Affairs’ Division of Consumer Services in writing at: Complaint Assistance Unit 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Modifications of Services. We may change or discontinue any aspect, service or feature of the Services at any time, in our sole discretion. In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
No Third-Party Beneficiaries. The parties agree there are no third-party beneficiaries intended under the Agreement.
No Joint Venture. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of the Foundation.
Waiver. The failure of either party to exercise, in any way, any right herein does not waive any further rights hereunder.
Severability. If it turns out that a particular term of the Agreement is not enforceable for any reason, this will not affect any other terms.
Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding between the parties as to its subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating thereto.
Force Majeure. In no event will we be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing our obligations under the Agreement, to the extent such failure or delay is caused by any circumstances beyond our reasonable control.