Terms of Use

This Agreement was last revised on November 20, 2017.

By using, accessing or making a donation on this website, you hereby agree to all of the following terms:

  1. Acceptance of Terms: Your access to and use of the Effing Foundation for Sex-Positivity (the 'Foundation') website (the 'Site') is subject to the following terms and conditions which may be updated by the Foundation from time to time without notice to you. By accessing and browsing the Site, you accept and agree to, without limitation or qualification, the terms of use, privacy policy, and acknowledge that any other agreements between you are superseded and of no force or effect with respect to your access and use of the Site.

  2. Authority over Donations: The Foundation has ultimate authority and discretion with regard to the distribution of its funds. All expenditures made are consistent with the exempt purposes of the Foundation. The Foundation acts as a fiscal sponsor to projects which it has selected to receive grants. Before a grant is made, the project proposer(s) are required to sign a Fiscal Sponsorship Agreement with the Foundation. If a recipient of a grant from the Foundation violates the Fiscal Sponsorship Agreement, then the Foundation will make an effort to recoup the funds granted. Any funds recovered in this way will be used to support the general mission of the Foundation.

  3. Payment Processing: Funds donated to the Foundation are collected by [PAYMENT PROCESSOR]. The Foundation is not responsible for the performance of [PAYMENT PROCESSOR]. Your donation will appear as 'The Effing Foundation' or 'EFFINGFOUND' on your credit card or bank statement.

  4. Tax Deductions: The Effing Foundation for Sex-Positivity, Inc. is classified as a 501(c)(3) not-for-profit organization by the US Internal Revenue Service (EIN 81-4822649) as of April 2017. Donations made to the Foundation via the Site are tax deductible.

  5. Charged Back or Refunded Donations: After your credit card has been charged or your bank account has been debited and the donation to the Effing Foundation for Sex-Positivity, Inc., is completed, your donation is non-refundable. Donations are made at the donor's sole risk based on the donor's sole determination and evaluation of the Foundation.

    However, the Foundation recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.

    A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. The Foundation staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Foundation. However, if the Foundation is unable to resolve such cases and the case is referred to pre-arbitration, the Foundation will accept the Charge Back transaction.

    A Gross Error transaction occurs when the credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include donations: made to the wrong organization or donation page, containing an incorrect name, dedication, or designation, or any other non-financial reason. The Foundation retains sole authority to determine the exact criteria of a Gross Error transaction.

  6. Credit Card Anti-Laundering Policy: Only the authorized credit card or account holder may donate to the Foundation. A third party may not use the user's credit card / account information or make a donation on behalf of the user. This practice is known as "credit card laundering" and violates Visa and MasterCard usage agreements. The Foundation may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Site, for the authorized credit card holder to utilize in order to make a donation.

  7. Third-Party Sites: The Site may link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Foundation's control, and you acknowledge that the Foundation is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Foundation. You further acknowledge and agree that the Foundation shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

  8. Limitation of Liability: In no event shall the Foundation, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Site (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

  9. Governing Law: These Terms of Use (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Foundation and its Site are deemed a passive website that does not give rise to personal jurisdiction over the Foundation or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the Commonwealth of Massachusetts. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Site, shall be filed only in the state or federal courts located in Suffolk County in the Commonwealth of Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

  10. Integration and Severability: These Terms of Use and other referenced material are the entire agreement between you and the Foundation with respect to the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Foundation with respect to the Site and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  11. Miscellaneous: The Foundation shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Foundation.s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Foundation's prior written consent. The Foundation may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.