Terms of Use

1. Acceptance of these terms

By accessing or using the website of the Thelma Ellis Sixteen Foundation, Inc. ("we," "our," "us," or the "Foundation"), including making a donation, creating an account, starting a fundraiser, or submitting any form, you agree to these Terms of Use and to our Privacy Policy, which is incorporated here by reference. If you do not agree, please discontinue use of the site.

2. About us

The Thelma Ellis Sixteen Foundation, Inc. is a U.S.-based nonprofit organization, and Sixteen Foundation Limited is its affiliated charity in Jamaica. Together we invest in education and honor a legacy by supporting students and schools. Information on this site is provided for general informational purposes about our mission and programs and does not constitute legal, financial, tax, or professional advice.

3. Eligibility & age

You must be at least 18 years old (or the age of majority where you live) to make a donation, create an account, or start a fundraiser. If you are under 18, you may use the site only with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf. This site is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child has provided us personal information, please contact us so we can remove it.

4. Accounts

Some features (for example, the donor portal) let you create an account. You are responsible for keeping your login credentials confidential and for all activity under your account, and you agree to provide accurate, current information. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe are being misused.

5. Acceptable use

You agree to use this website only for lawful purposes. You may not:

• Attempt to gain unauthorized access to any part of the site, accounts, or its systems
• Use the site to transmit harmful, defamatory, fraudulent, infringing, or unlawful content
• Interfere with or disrupt the site, its security, or its availability to others
• Misuse our forms, donation tools, fundraising tools, or contact channels (including spam, scraping, or automated abuse)
• Impersonate any person or organization, or misrepresent your affiliation with us
• Use the site or our marks in any way that suggests endorsement or partnership without our written permission

6. Donations

Donations made through this website are voluntary gifts in support of our charitable mission. By donating, you represent that you are authorized to use the payment method provided and that the funds are not derived from unlawful activity.

• Processing & security: payments are processed by third-party providers (such as Stripe and PayPal). We do not store full card details on our servers; your use of those providers is also subject to their terms and privacy policies.
• Recurring gifts: if you choose a recurring (e.g., monthly) donation, you authorize us and our payment provider to charge your selected method on a recurring basis until you cancel. You may cancel at any time through your donor portal or by contacting us; cancellation stops future charges but does not retroactively refund completed gifts.
• Refunds & errors: because donations are charitable gifts, they are generally non-refundable. If you believe a donation was made in error, duplicated, or was unauthorized, contact us promptly and we will review the matter in good faith.
• Currency & receipts: donations are processed in the currency shown at checkout. We will provide an acknowledgment or receipt where required.
• Tax matters: tax-deductibility depends on each organization's charitable-registration status and your jurisdiction, as described on our Donate page. We do not provide tax advice; please consult your own advisor.

7. Fundraising on our behalf

If you create or participate in a peer-to-peer fundraiser through our site, you agree to represent the Foundation honestly and lawfully, to not make false or misleading statements, and to not collect funds outside the tools we provide. Funds raised through our official tools are received by the Foundation in support of our mission. We may edit, decline, or remove any fundraiser, and we are not responsible for the conduct of any fundraiser organizer or participant.

8. Your submissions & content

If you submit content to us — such as a story, photo, comment, testimonial, or form response — you represent that you own it or have the right to share it, and that it does not violate any law or third-party right. You grant the Foundation a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with our mission, programs, and communications (with discretion and respect for privacy). Do not submit content you do not want us to use, and do not submit confidential information of others without consent. We may remove any submission at our discretion.

9. Intellectual property & trademarks

The content on this site — including text, graphics, logos, and images — is owned by or licensed to the Foundation and is protected by applicable laws. The Foundation's names and logos are our trademarks and may not be used without our written permission. You may view and share our content for personal, non-commercial, and informational purposes with appropriate credit, but you may not reproduce it for commercial use without our written permission.

10. Third-party links and services

Our site may link to or embed third-party services (for example, event calendars, payment pages, accounting tools, or social media). We are not responsible for the content, policies, or practices of those third parties. Your use of their services is governed by their own terms.

11. Programs are not guaranteed

Information about scholarships, school support, and other programs is provided for general awareness and does not constitute an offer, promise, or guarantee of assistance. Eligibility, selection, and awards are determined separately, at our discretion, and subject to available funding and program criteria.

12. Disclaimers

This website is provided on an "as is" and "as available" basis. While we work to keep information accurate and the site available, we make no warranties — express or implied — that the site will be uninterrupted, error-free, secure, or free of harmful components, or that information on the site is complete or current.

13. Limitation of liability

To the fullest extent permitted by law, the Foundation, its officers, directors, employees, and volunteers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, goodwill, or funds, arising from your use of, or inability to use, this website or our services. Where liability cannot be excluded, it is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify and hold harmless the Foundation and its officers, directors, employees, and volunteers from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your misuse of the site, your violation of these Terms, or your infringement of any law or third-party right.

15. SMS / text messaging program

The Foundation operates a text-messaging program ("Thelma Ellis Sixteen Foundation, Inc. Alerts") that sends SMS to board members, staff, and volunteers who have opted in. Messages include meeting invitations and reminders, requests to review and electronically sign documents, quorum alerts, and occasional organizational updates. This program is for operational notices only — it is not used for marketing.

• Consent: you receive messages only after opting in. We never buy, rent, or sell phone numbers, and your number is not shared with third parties for their marketing.
• Message frequency varies depending on your role and foundation activity.
• Message and data rates may apply — contact your mobile carrier for details.
• To opt out, reply STOP at any time. You will receive a one-time confirmation and no further messages.
• For help, reply HELP, or contact us using the details in section 11.
• Carriers are not liable for delayed or undelivered messages.

16. Electronic communications & signatures

By using the site, you consent to receive communications from us electronically (such as emails, on-site notices, and, where you have opted in, text messages), and you agree that electronic records and signatures satisfy any legal requirement that such communications be in writing. Where you electronically sign a document through our tools, your electronic signature has the same effect as a handwritten one.

17. Governing law & disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules, and you agree to the exclusive jurisdiction of the state and federal courts located in Florida for any dispute — except that matters specifically concerning Sixteen Foundation Limited or activities in Jamaica are governed by, and subject to the courts of, Jamaica. Nothing in these Terms limits any non-waivable rights you may have under the laws of your home jurisdiction. Before filing any claim, you agree to first contact us so we can try to resolve the matter informally and in good faith.

18. General

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to a successor or affiliate. These Terms, together with the Privacy Policy and any terms presented at the point of donation or sign-up, are the entire agreement between you and the Foundation regarding the site. We are not liable for delays or failures caused by events beyond our reasonable control.

19. Changes to these terms

We may update these Terms of Use from time to time. Changes take effect when posted, indicated by the "Last updated" date above. Your continued use of the site after changes are posted constitutes acceptance of the updated terms.

20. Contact us

If you have questions about these Terms, please contact us:

• Email: corporate [at] thelmaellis.org
• Phone (USA): (645) 239-1600
• Phone (Jamaica): (876) 347-1600

Please also see our Privacy Policy and Accessibility Statement.

This page is provided for general information and does not constitute legal advice. Please contact the Foundation with any questions.