Article I: Acceptance of Terms and Scope of Agreement

1.1 Introduction and Governing Agreement: Welcome to HELPING HEARTS 4 MS BENEFITTING LINDA BARTOK. These Terms and Conditions of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Volunteer,” “Donor,” or “Beneficiary”) and HELPING HEARTS 4 MS BENEFITTING LINDA BARTOK (“Organization,” “We,” “Us,” or “Our”). These Terms govern your access to and use of all services, programs, resources, content, and information provided by the Organization, whether through our official website (hosted on platforms like WordPress), our digital communication channels, or in-person interactions, events, and support programs. By accessing or using any part of our services, you expressly agree to be bound by these Terms and all policies referenced herein, including our Privacy Policy. If you do not agree to these Terms, you must cease using our services immediately. This agreement is designed to ensure a safe, respectful, and transparent environment for all members of our community, aligning with our mission to support individuals affected by Multiple Sclerosis (MS) and specifically benefit Linda Bartok. Your continued engagement signifies your understanding and acceptance of these legally binding provisions.

1.2 Scope and Purpose: The scope of these Terms covers all interactions, from making a single donation to enrolling in long-term support programs, volunteering, or utilizing any educational content provided by the Organization. The purpose is to establish clear rules of engagement, define the rights and responsibilities of all parties involved, articulate the limitations of our service provision, and outline procedures for dispute resolution. Given the sensitive nature of our work, which involves health information (PHI) and direct financial aid coordination, these Terms emphasize ethical conduct, compliance, and mutual respect. We are dedicated to providing support and resources tailored to enhance the quality of life for those with MS, and these Terms ensure that this delivery is performed within a well-defined and professional framework. Any modifications to these Terms will be posted on our website, and your continued use constitutes acceptance of the revised Terms.

1.3 Acknowledgment of Mission and Beneficiary Focus: The User acknowledges and understands that HELPING HEARTS 4 MS is a dedicated non-profit organization established primarily to support individuals affected by Multiple Sclerosis, and a specific, highly prioritized component of our fundraising and direct aid efforts is focused on benefitting Linda Bartok. While we extend resources and community support to the wider MS community, the User recognizes that the organization operates under a beneficiary-centric model where funds and programs may be specifically directed toward this designated individual’s evolving needs, as described in our mission and informational materials. By contributing to or participating in the Organization’s activities, the User supports this core mission, understanding the dual focus on a specific individual’s welfare alongside broader community outreach and education.

Article II: Programs, Services, and Eligibility

2.1 General Service Provision and Limitations: HELPING HEARTS 4 MS provides non-medical support services, including educational workshops, psychosocial support groups, coordination of volunteer respite care, and financial aid for adaptive equipment. These services are intended to supplement, not replace, professional medical treatment, licensed therapy, or financial planning. We strive to offer comprehensive support, but eligibility for specific, highly specialized resources (like direct financial aid for home modifications or adaptive technology) is subject to strict criteria, documented need-based assessment, availability of funding, and verification of a Multiple Sclerosis diagnosis by a licensed medical professional, as managed by our Program Strategist team.

2.2 Financial Assistance and Grant Eligibility: Any financial assistance provided by the Organization, including grants for adaptive equipment or essential home accessibility modifications, is granted entirely at the Organization’s sole discretion. Applications require comprehensive, verifiable documentation of need, income, and professional medical necessity. The User understands that applying for assistance does not guarantee approval, and all decisions are final and made in adherence to our organizational policies and commitment to effective resource deployment. The primary funding stream is aimed at our designated beneficiary, Linda Bartok, but additional funds are allocated to the wider community based on availability. Recipients must agree to use funds solely for the stated purpose and may be required to submit receipts or verification of expenditure.

2.3 Health Information Disclaimer and Professional Advice: The educational content, workshops, and informational materials provided by HELPING HEARTS 4 MS (including discussions led by our Clinical Advisor, Dr. Eleanor Vance, or Psychosocial Director, Sarah Dubois) are for general informational and peer support purposes only. They are not intended as substitutes for professional medical advice, diagnosis, treatment, or therapy provided by a qualified healthcare provider. Users should never disregard professional medical advice or delay seeking treatment because of something they have read or learned through our services. The Organization and its staff are not liable for any actions taken or not taken based on the educational content or peer discussions provided. Users retain full responsibility for consulting with their own healthcare professionals regarding their specific health condition and needs.

Article III: User Conduct and Prohibited Activities

3.1 Code of Conduct: All Users engaging with the Organization—whether online, in person at events, or during support group sessions—must adhere to a strict Code of Conduct characterized by respect, empathy, and professionalism. Prohibited actions include, but are not limited to: harassment, intimidation, discrimination (based on race, gender, sexual orientation, disability status, etc.), and the distribution of harmful, hateful, or explicit content. All communication must remain constructive, courteous, and focused on the mission of support. Violations of the Code of Conduct, particularly those compromising the safety or emotional well-being of beneficiaries, volunteers, or staff, will result in immediate termination of access to all programs and services, potentially including a permanent ban from organizational events and communication channels.

3.2 Prohibited Online Activities: The use of the Organization’s website and digital platforms (including email and virtual meeting spaces) for any unlawful purpose or in any way that violates these Terms is strictly prohibited. Prohibited online activities include: attempting to gain unauthorized access to our secure systems or databases; transmitting malware, viruses, or any other destructive code; collecting or harvesting data from the website without explicit written permission; and engaging in any activity that disrupts the functionality or security of our digital infrastructure. Any attempt to solicit personal or financial information from beneficiaries or volunteers through deceptive means is also strictly forbidden and will be reported to the appropriate legal authorities.

3.3 Integrity of Information: Users warrant that all information they provide to the Organization—including medical status, financial documents for aid applications, or professional credentials for volunteer roles—is accurate, current, and complete. Providing false, misleading, or fraudulent information, particularly in applications for financial aid or while undergoing background checks for sensitive roles like Respite Care, constitutes a material breach of these Terms and will lead to immediate service termination and may result in legal action, as such actions directly compromise our ability to fulfill our mission with integrity.

Article IV: Donations, Financial Transactions, and Refund Policy

4.1 Nature of Donations: All contributions made to HELPING HEARTS 4 MS are considered unrestricted, non-refundable gifts unless specifically designated otherwise in writing by the donor and formally accepted by the Organization. Donations are vital to sustaining our programs, covering operational costs, and providing direct aid to individuals like Linda Bartok and the wider MS community. We issue tax receipts for all qualifying contributions in accordance with applicable tax laws, and the donor is responsible for confirming the deductibility of their donation with a tax advisor.

4.2 Refund Policy: Due to our status as a non-profit organization and the immediate deployment of funds to support program delivery and beneficiary needs, all donations are generally non-refundable. Refund requests are only considered in the event of an extraordinary, verifiable error, such as a duplicate charge due to a technical glitch, a mistaken transaction amount, or clear evidence of unauthorized use of a payment method. Any such request must be submitted in writing via email to info@hhmsnl.site within thirty (30) days of the transaction date and will be reviewed by our finance department on a case-by-case basis. Approved refunds will be processed back to the original method of payment, but please note that processing times may vary depending on the payment processor and banking institution.

4.3 Payment Processing Security: The Organization utilizes secure, reputable third-party payment processing platforms to handle all donation transactions (including credit card and bank account details). The User understands that the Organization itself does not store full credit card numbers or sensitive banking information on its internal servers. By submitting payment information, the User agrees to be bound by the terms and conditions of the third-party payment processor, and the Organization disclaims any liability for security breaches occurring on the third-party processor’s platform, provided the Organization has exercised reasonable diligence in selecting and managing the processor relationship.

Article V: Volunteer Agreement and Conduct

5.1 Volunteer Status and Training: Individuals who register as Volunteers agree to adhere to all policies, training requirements, and protocols established by the Organization, as coordinated by Michael Chen, our Community Outreach Coordinator. Volunteers acknowledge that they are providing services on a purely voluntary basis and are not employees, agents, or contractors of HELPING HEARTS 4 MS. Volunteers are not entitled to wages, benefits, or employee insurance coverage and are expressly prohibited from identifying themselves as staff or employees of the Organization. Mandatory training, including confidentiality protocols and safe conduct procedures, must be completed before assuming any role, especially those involving direct contact with beneficiaries (e.g., Respite Care).

5.2 Confidentiality Agreement: Volunteers are granted access to sensitive, confidential information, including Personal Identifiable Information (PII) and Protected Health Information (PHI) of beneficiaries like Linda Bartok, to effectively perform their duties. The Volunteer explicitly agrees to maintain strict confidentiality of all such information, refraining from discussing, disclosing, or disseminating beneficiary details outside of the scope of their assigned organizational duties. This obligation survives the termination of the volunteer relationship. Breach of this confidentiality agreement is a severe violation of these Terms and will result in immediate termination of the volunteer agreement and potential legal consequences.

5.3 Authority and Limitations: Volunteers are prohibited from providing medical advice, financial counseling, legal counsel, or making any commitment or representation on behalf of the Organization, especially regarding financial aid decisions or program eligibility. Volunteers must operate strictly within the bounds of their assigned duties and report all concerns, emergencies, or policy violations immediately to the appropriate staff supervisor (such as the Psychosocial Support Director, Sarah Dubois, or the Clinical Advisor, Dr. Vance).

Article VI: Intellectual Property and User Content

6.1 Organization’s Proprietary Rights: All content on the Organization’s website, including text (such as the comprehensive website content and this policy), graphics, logos, images, digital downloads, educational materials, and the compilation of such content, is the property of HELPING HEARTS 4 MS BENEFITTING LINDA BARTOK or its content suppliers and is protected by international copyright laws. Our trademarks, trade names, and branding may not be used in connection with any product or service without our prior written consent, nor may they be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Organization. Users are granted a limited, non-exclusive, non-transferable license to access and view the content for personal, non-commercial, informational purposes only, specifically related to receiving or providing support consistent with our mission.

6.2 User-Generated Content and Testimonials: By submitting any content to the Organization (including testimonials, photographs, feedback, or suggestions), the User grants HELPING HEARTS 4 MS a worldwide, perpetual, royalty-free, irrevocable, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media now known or hereafter developed, for the purpose of promoting our mission, services, and community impact, including in fundraising campaigns and promotional materials. The User warrants that they own or control all rights to the content submitted and that the use of the content by the Organization will not infringe upon the rights of any third party. For sensitive content, such as personal stories or photos of beneficiaries, separate, explicit, and legally valid written consent will always be secured prior to any public disclosure or use, overriding this general clause.

Article VII: Disclaimers and Limitation of Liability

7.1 General Disclaimer of Warranties: The services, information, content, and resources provided by HELPING HEARTS 4 MS are offered on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Organization does not warrant that the website will be uninterrupted, error-free, secure, or that any defects will be corrected. We make reasonable efforts to ensure the accuracy of our educational and informational content, but we make no guarantee regarding the completeness, reliability, or current applicability of such information.

7.2 Limitation of Liability: To the fullest extent permitted by applicable law, HELPING HEARTS 4 MS, its directors, officers, employees, volunteers (including Dr. Vance, Michael Chen, Sarah Dubois, and David Rodriguez), and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage. Our total liability to you for any and all claims arising out of or relating to these Terms or your use of the services shall not exceed the lesser of the amount you have paid to the Organization in the last twelve (12) months or one hundred U.S. dollars ($100.00).

Article VIII: Indemnification

8.1 User Indemnification: You agree to defend, indemnify, and hold harmless HELPING HEARTS 4 MS BENEFITTING LINDA BARTOK, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, volunteers, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms or any applicable law or regulation; (b) your use of the Organization’s services or resources; (c) any content you submit, post, or transmit through the services; or (d) any fraudulent, negligent, or willful misconduct you commit in connection with the services (including, but not limited to, breach of the Volunteer Confidentiality Agreement).

Article IX: Governing Law and Dispute Resolution

9.1 Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. The Organization is headquartered at 998 JARDIN DRIVE, NAPLES, FL 34104-6660, and these laws shall apply to all aspects of our service provision.

9.2 Negotiation and Mediation (Mandatory): In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter through good faith negotiation between the principals of the parties. If the dispute cannot be resolved within sixty (60) days, the parties agree to submit the dispute to formal mediation conducted in Naples, Florida, with a mutually agreed-upon mediator, prior to initiating any formal legal action. All costs of the mediation shall be shared equally by the parties. This requirement for negotiation and mediation is a mandatory condition precedent to the initiation of any litigation.

9.3 Jurisdiction: If a dispute cannot be resolved through negotiation or mediation, the parties irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in Collier County, Florida, for the adjudication of any disputes arising out of or relating to these Terms or the services provided by the Organization.

Article X: Termination

10.1 Right to Terminate Service: The Organization reserves the right to terminate or suspend your access to any and all services and programs, immediately and without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Grounds for termination include, but are not limited to, fraudulent activity, violation of the Code of Conduct, breach of confidentiality, or providing false information during program enrollment or volunteer application.

10.2 Effect of Termination: Upon termination, your right to use the services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination does not relieve the User of any obligation arising under these Terms prior to termination.

Article XI: Miscellaneous Provisions

11.1 Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

11.2 Waiver: No waiver by the Organization of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Organization to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

11.3 Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and HELPING HEARTS 4 MS BENEFITTING LINDA BARTOK regarding the services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the services.