The following terms and conditions (these “Terms and Conditions”) govern your “use” of the website at www.braydensgift.org (“Website”) operated by Brayden’s Gift (“Brayden’s Gift”), a Texas nonprofit corporation, and/or the application for charitable aid, and/or payment of donation funds, and/or your access, download, and use of the content including, but not limited to, photographs, trademarks, copyrights, and logos, accessible through the Website (“Content”) provided by Brayden’s Gift:

BY USING THE WEBSITE, APPLYING FOR CHARITABLE AID, PAYMENT OF DONATION FUNDS, AND/OR ACCESSING, DOWNLOADING, OR USING THE CONTENT, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH BRAYDEN’S GIFT THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND THE COMMON LAW, INCLUDING BUT NOT LIMITED TO, THE UNIFORM ELECTRONIC TRANSACTIONS ACT.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE, APPLY FOR CHARITABLE AID, MAKE PAYMENT OF DONATION FUNDS, OR ACCESS, DOWNLOAD, OR USE THE CONTENT. Should you object to any term or condition, or any subsequent modifications or become dissatisfied with the Website and/or Content in any way, immediately discontinue use of the Website and Content. Brayden’s Gift has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, litigation, and prosecution.

1. Donations

Brayden’s Gift does not sell products or services, but it does allow for users to make charitable donations.

By entering into a donation transaction, YOU AUTHORIZE, AND GRANT PERMISSION TO, BRAYDEN’S GIFT, THROUGH ITS THIRD-PARTY PAYMENT SERVICE, TO BILL YOUR CREDIT AND/OR DEBIT CARD. Credit and debit card payments are currently handled through PayPal. PayPal Express’ terms of use can be found by clicking here. Any change in third-party payment service will be posted on the Website.

In the event that any federal, state, or local taxes are imposed on a donation, such taxes shall be assumed and paid by you.

By making a donation and/or accessing, downloading, or using the Website and/or Content, you represent and warrant to Brayden’s Gift that: (i) you are eighteen (18) years of age or older and have the power and authority to enter into and perform your obligations under these Terms and Conditions; (ii) you shall comply with all terms and conditions set forth herein; (iii) if required, you have provided accurate and complete information, including, without limitation, your legal name, address, telephone number, and credit and/or debit card information; and (iv) you are an authorized user of the credit and/or debit card used for this transaction.

2. Limited License

Subject to payment of any required fees and compliance with these Terms and Conditions, you are granted a nonexclusive, nontransferable, limited license to access and use the Website and Content from time to time as made available to you. This license is not a sale of the Website or Content. You acquire no proprietary interest in the Website or Content. Only individuals authorized by Brayden’s Gift may access, download and/or use the Website and/or Content.

You agree not to download, copy or use the Website and/or Content except as expressly permitted by these Terms and Conditions. You shall not transfer, sublicense, rent, lease, or lend the Website and/or Content to any third party. You shall not modify, reverse engineer, create derivate works, disassemble, or decompile the Content and/or Website without the express, written permission of Brayden’s Gift. You may not use any direct link, page scraper, robot, crawler, index, spider or other automatic device program, algorithm or methodology to access, copy, acquire, or use the Content and/or Website.

3. Updates

Brayden’s Gift may from time to time, but is not obligated to, issue updates, modifications, or upgrades to the Website and/or Content, and may do so with automatic electronic updates. You consent to such automatic updates and agree that these Terms and Conditions apply to such updates.

4. Incorporation of Other Documents

The Brayden’s Gift Privacy Policy is incorporated into these Terms and Conditions as if set forth fully herein. Your payment of donations and use of the Website and Content is subject to these additional terms. Other provisions that govern your payment of donations and use of the Content and Website may be set forth in other documents, terms, conditions, and policies, all of which are incorporated by reference into these general Terms and Conditions.

5. User Name and Password

Registration is not required in order to utilize the Website and/or Content. However, creation of an account is an available option for users to register on the Website. By registering on the Website, you can receive Brayden’s Gift e-newsletter updates.

You must supply your name and email address to get on Brayden’s Gift e-newsletter list.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

You must keep your account information, if any, up-to-date and accurate at all times, including a valid email address.

5. Intellectual Property Rights

© 2020 Brayden’s Gift. All rights reserved. All right, title, and interest, including all patents, copyrights, trademarks, trade secrets and confidential information, and other intellectual property rights (the “Rights”), in the Website, and Content (in both print and machine-readable forms) belong to Brayden’s Gift. You shall not in any manner violate or attempt to impair the Rights of Brayden’s Gift in the Website, and/or Content. Unless otherwise noted, other Brayden’s Gift graphics, logos, products, packaging, designs, photographs, page headers, button icons, scripts, and names may be registered trademarks, trademarks, trade dress, registered copyrights, or copyrights of Brayden’s Gift in the U.S. and/or other countries. Brayden’s Gift’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any products or service in any manner that is likely to cause confusion.

You agree that any breach of these Terms and Conditions would cause Brayden’s Gift irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Brayden’s Gift may be entitled, you agree that Brayden’s Gift may seek injunctive relief to prevent the actual, threatened, or continued breach of these Terms and Conditions. Any breach of these Terms and Conditions shall result in immediate termination of the license provided for herein.

6. External Links and Trademarks

The Website may contain links to external third-party websites. By providing links to other sites, Brayden’s Gift does not guarantee, approve, or endorse the information or products/services available at these sites, nor does a link or advertising indicate any association with, or endorsement by, the linked site to Brayden’s Gift.

Third-party websites may have trademarks that are shown on the Website. These trademarks are property of their respective owner(s). You acquire no rights in such content.

7. Termination

Brayden’s Gift reserves the right to terminate these Terms and Conditions and agreement with you at any time and for any reason including, but not limited to, breach or suspected breach of any of these Terms and Conditions or any agreements incorporated herein. Upon termination by Brayden’s Gift, you must immediately cease using the Website and Content. Brayden’s Gift may also suspend or discontinue the Website and/or Content without notice.

The second paragraph of the Limited License section, and the Payment, Intellectual Property Rights, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Governing Law and Venue, No Waiver, and Severability sections shall survive any termination of your use of the Website and/or Content, or expiration of this Agreement.

Notwithstanding Brayden’s Gift’ termination rights, Brayden’s Gift may also establish limits concerning the use of the Website and Content, including the maximum number of days that Content will be retained by the site, the maximum number and size of Content that may be transmitted or stored by the site, and the frequency with which you may access the Website and/or Content.

8. DISCLAIMER OF WARRANTIES

THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BRAYDEN’S GIFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BRAYDEN’S GIFT DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE AND/OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. BRAYDEN’S GIFT SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS, OR INTERRUPTIONS IN THE WEBSITE OR CONTENT CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF BRAYDEN’S GIFT. YOU HEREBY ACKNOWLEDGE THAT THE WEBSITE AND CONTENT MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF BRAYDEN’S GIFT.

BRAYDEN’S GIFT ATTEMPTS TO BE AS ACCURATE AS POSSIBLE AND ELIMINATE ERRORS ON THE WEBSITE AND CONTENT; HOWEVER, BRAYDEN’S GIFT DOES NOT WARRANT THAT ANY CONTENT OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. IN THE EVENT OF AN ERROR, WHETHER ON THE WEBSITE, OR DELIVERING CONTENT, OR OTHERWISE, BRAYDEN’S GIFT RESERVES THE RIGHT TO CORRECT SUCH ERROR.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. LIMITATION OF LIABILITY

BRAYDEN’S GIFT’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BRAYDEN’S GIFT’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF: (A) YOUR ACTUAL DIRECT DAMAGES; AND (B) $100. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST BRAYDEN’S GIFT.

BRAYDEN’S GIFT AND (AS APPLICABLE) BRAYDEN’S GIFT’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOVER (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, AND ATTORNEYS’ FEES). THIS LIABILITY LIMIT APPLIES EVEN IF BRAYDEN’S GIFT OR A THIRD PARTY ACTED NEGLIGENTLY. BRAYDEN’S GIFT WILL BE FURTHER ENTITLED TO THE FULL BENEFIT OF ANY LIMITATION OF LIABILITY OF A THIRD PARTY WHO IS JOINTLY LIABLE TO YOU. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST BRAYDEN’S GIFT.

10. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BRAYDEN’S GIFT AND (AS APPLICABLE) BRAYDEN’S GIFT’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE WEBSITE AND/OR CONTENT; (B) BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE; (C) WEBSITE OR CONTENT MISUSE; (D) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (E) ANY CONTENT YOU TRANSMIT THROUGH THE WEBSITE; (F) ANY FEEDBACK YOU PROVIDE; OR (G) YOUR CONDUCT IN CONNECTION WITH THE WEBSITE AND/OR CONTENT.

11. GOVERNING LAW AND VENUE

THESE TERMS AND CONDITIONS ARE DEEMED TO BE MADE AND EXECUTED IN POTTER COUNTY, TEXAS, AND SHALL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS.

THE EXCLUSIVE FORUM FOR ANY SUITS, CLAIMS, OR CAUSES OF ACTION ARISING DIRECTLY OR INDIRECTLY FROM THESE TERMS AND CONDITIONS, OR FROM AN APPLICATION OR DONATION, SHALL BE A COURT HAVING COMPETENT JURISDICTION IN POTTER COUNTY, TEXAS, AND THE PARTIES HEREBY CONSENT TO JURISDICTION FOR SUCH PURPOSES.

12. No Waiver

The failure of Brayden’s Gift to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

13. No Assignment

These Terms and Conditions may not be assigned or transferred by you.

14. Severability

If any provision of these Terms and Conditions shall be deemed unlawful or unenforceable, then that provision shall be deemed severable from these Terms and Conditions, and such severed provision shall not affect the validity and enforceability of the remaining provisions.

15. Changes to These Terms

These Terms and Conditions may be changed by Brayden’s Gift immediately upon notice. Continued use of the Website and/or Content following any change constitutes acceptance of the change.