Terms of Use

Introduction

Welcome to the website of Empire State Wellness Inc. ("we," "us," or "our"), a nonprofit organization dedicated to providing dental grants to veterans and first responders in New York. These Terms of Use govern your access to and use of our website (https://empirestatewellness.org), including the "Apply for Assistance" form, donation portal, and all related services (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these terms. We reserve the right to modify these terms at any time, and continued use after such changes constitutes your acceptance of the updated terms. Please review this document periodically.

Acceptance of Terms

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree, please discontinue use immediately. These terms apply to all visitors, applicants, donors, and other users of the Site.

Description of Services

Empire State Wellness Inc. offers the following services through the Site:

• An online application form for individuals to apply for dental grants tailored to extensive, uncovered needs.
• A donation portal processed via third-party services (e.g., Donorbox integrated with Stripe) to fund our mission.
• Informational resources, including FAQs, about our programs, mission, and community impact in New York.

All services are provided subject to availability and at our sole discretion. We strive to ensure accuracy but do not guarantee uninterrupted access or specific outcomes.

User Conduct

You agree to use the Site in a responsible and lawful manner:

• Provide accurate, complete, and current information in all applications or donations.
• Refrain from unauthorized access, hacking, or attempting to interfere with the Site’s operation or security.
• Avoid submitting fraudulent, misleading, or ineligible applications or donations.
• Respect the intellectual property rights of Empire State Wellness Inc. and third parties, including our logo and content.

Violations may result in termination of access, legal action, or reporting to appropriate authorities, including the New York Attorney General.

Donation Terms

Donations made through the Site are subject to the following conditions:

• Donations are irrevocable once processed by our third-party provider and cannot be refunded except as required by law or at our discretion.
• Our 501(c)(3) status is pending; donations are tax-deductible under IRS interim guidelines during this period. Tax receipts will be provided via email.
• We reserve the right to allocate funds to approved grants based on availability and need, which may result in full or partial funding.
• Donors assume responsibility for verifying their eligibility for tax deductions with a tax professional.
• Donations do not guarantee grant approval or specific treatment outcomes.

Limitation of Liability

Empire State Wellness Inc. is committed to providing reliable services but is not liable for:

• Any errors, inaccuracies, or omissions in Site content, including application or donation information.
• Interruptions, delays, or downtime caused by third-party services (e.g., Donorbox, Stripe, or internet providers) or natural events.
• Direct, indirect, incidental, special, or consequential damages arising from your use of the Site, to the fullest extent permitted by New York law.

Our total liability shall not exceed the amount of any donation processed, if applicable, and only to the extent not prohibited by law.

Termination of Access

We may suspend or terminate your access to the Site at our discretion if you breach these terms. Termination does not relieve you of obligations (e.g., donation commitments) incurred prior to suspension. You may request reinstatement by contacting us, subject to our approval and review.

Intellectual Property

All content on the Site, including text, logos, images, and design (e.g., the Empire State Wellness Inc. logo), is our property or licensed to us and protected by copyright and trademark laws. Unauthorized use, reproduction, or distribution is prohibited without our written consent. Fair use for personal, non-commercial purposes may be allowed with proper attribution to Empire State Wellness Inc.

Third-Party Links and Services

The Site may contain links to external websites or services (e.g., Donorbox for donations, Zoho Forms for applications). We are not responsible for the content, privacy policies, terms of use, or practices of these third parties. You use them at your own risk and should review their terms and policies before providing information or making transactions.

Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the State of New York. Any disputes arising from your use of the Site will be resolved exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction of such courts.

Dispute Resolution

In the event of a dispute, we encourage you to contact us to resolve it amicably. If unresolved within 30 days, disputes may be subject to non-binding mediation before legal action, at our discretion. Binding arbitration may apply for certain claims, with details available upon request from our contact information below.

Amendments

We may amend these Terms of Use to reflect changes in our services, legal requirements, or business practices. Amendments will be posted on this page with an updated effective date. We will notify users of significant changes via email or a prominent notice on the Site for at least 30 days prior to the change taking effect. Continued use after amendments constitutes acceptance.

Accessibility

We aim to make the Site accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA). If you encounter accessibility issues, please contact us to report them, and we will address them promptly within a reasonable timeframe.

Force Majeure

We are not liable for delays or failures in performance due to unforeseen events beyond our control, such as natural disasters, cyberattacks, government actions, or third-party service outages, provided we take reasonable steps to mitigate the impact and resume services as soon as possible.

Electronic Communications

By using the Site, you consent to receive electronic communications from us, including emails related to donations, applications, or updates. You may withdraw this consent for non-essential communications by opting out as described in our Privacy Policy.

Entire Agreement

These Terms of Use, along with our Privacy Policy, constitute the entire agreement between you and Empire State Wellness Inc. regarding the use of the Site, superseding any prior agreements or understandings.