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Terms and conditions

1. Acceptance of Terms

1.1. Agreement to these Terms

Welcome to the Clemson Area Retirement Center Foundation (CARCF). These Terms and Conditions of Use and Engagement (hereinafter referred to as “Terms”) constitute a legally binding agreement between you (“User,” “Donor,” “Volunteer,” or “you”) and the Clemson Area Retirement Center Foundation (CARCF, “Foundation,” “we,” “us,” or “our”), a non-profit charitable organization located at 500 DOWNS LOOP, CLEMSON, SC 29631-0000. By accessing, browsing, donating to, volunteering with, or otherwise using the Foundation’s website (www.carcf.site) and any services, programs, resources, or digital properties provided by the Foundation, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. If you do not agree with any part of these Terms, you must immediately cease all use of our website and engagement with our services.

1.2. Scope and Application

These Terms apply comprehensively to all interactions with the CARCF, including, but not limited to: online donations, physical contributions, registration for Foundation-sponsored events (e.g., lectures, fundraisers, community projects), submission of applications for financial assistance, volunteer participation, and general inquiries. Specific programs, such as the Nursing Scholarship or Resident Financial Assistance, may be subject to additional, specific agreements, policies, and eligibility criteria, which will be provided to you separately and which, where applicable, shall supersede these general Terms.

1.3. Modification of Terms

The Foundation reserves the right, in its sole discretion, to modify, update, or replace these Terms at any time. We will provide reasonable notice of material changes by posting the new Terms on our website and updating the “Last Updated” date at the top of this document. Your continued use of the website or engagement with the Foundation following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

2. The Foundation’s Charitable Mission and Relationship to the Senior Center

2.1. Mission Statement and Purpose

The CARCF is a mission-driven, non-profit organization established to enhance the quality of life, independence, and dignity of seniors in the Clemson community. Our mission is accomplished through philanthropy, advocacy, and educational initiatives, funding programs, capital improvements, and providing essential financial assistance (such as the Resident Assistance Fund) that supplement and enhance the services provided by the associated senior living community (the “Center”).

2.2. Distinction Between the Foundation and the Senior Center

You expressly acknowledge and understand that the CARCF is a separate, independent, 501(c)(3) charitable organization and is not the operator of the day-to-day services, facilities, or care provided by the associated senior living community.

  • Foundation’s Role (CARCF): Fundraising, strategic philanthropic investment, program enhancement (e.g., funding the Garden of Tranquility, purchasing specialized wellness equipment), educational advocacy (e.g., Nursing Scholarships), and administration of the Resident Assistance Fund. The Foundation does not handle admissions, standard residency contracts, clinical care, or core facility maintenance.
  • Center’s Role (Senior Living Community): Providing essential services, clinical care, facility operations, residency agreements, and daily resident life programming.

The Foundation’s financial assistance programs are subject to the continued residency and eligibility requirements of the Center. Any contract disputes, liability claims, or issues related to the standard provision of care must be directed solely to the Center, not the Foundation.

2.3. No Guarantee of Services or Care

While the Foundation’s purpose is to enrich the services and environment, your engagement with the CARCF, including making a donation, does not establish an express or implied contract for the provision of care, medical services, or residency at the Center. The Foundation disclaims all liability for the operational failures or quality of care provided by the Center.

3. Donor Terms and Conditions

3.1. General Donation Acceptance

All monetary and in-kind contributions made to the CARCF are considered irrevocable gifts and are accepted in furtherance of the Foundation’s charitable mission. You represent and warrant that you are legally authorized to make any donation you submit and that any funds originated lawfully.

3.2. Donor Designations and Fund Use

  • Unrestricted Gifts: Donations made without a specific designation are considered unrestricted and will be allocated to the area of greatest current need, as determined by the Foundation’s Board of Directors, which may include the general endowment, operational costs, or strategic capital projects.
  • Designated Gifts: We honor donor designations (e.g., to the Nursing Scholarship Fund, the Resident Assistance Fund, or a specific capital project like “The Spot” roof). However, the Foundation reserves the right, in compliance with IRS regulations and prudent fiduciary standards, to redirect restricted or designated funds if the intended purpose becomes impractical, unnecessary, or impossible to fulfill (the “Variance Power”). We will make reasonable efforts to inform donors of any necessary redirection that substantially alters the original intent.
  • In-Kind Gifts: The acceptance and valuation of non-monetary, in-kind gifts (e.g., equipment, art, materials) are at the sole discretion of the Foundation. The donor is solely responsible for determining the fair market value of any in-kind gift for tax purposes.

3.3. Tax Documentation and Liability

  • Tax Receipts: The CARCF, being a 501(c)(3) organization, will provide official tax receipts for all qualifying donations as required by the Internal Revenue Service (IRS) regulations.
  • Donor Responsibility: You are solely responsible for understanding and complying with all applicable tax laws related to your donation, including, but not limited to, substantiation rules, filing requirements, and claiming appropriate deductions. The Foundation does not provide tax, legal, or financial advice.

3.4. Anonymous Giving and Recognition

The Foundation respects the privacy of its donors. You have the right to request that your gift be anonymous by clearly indicating this preference at the time of donation. Unless otherwise requested, the Foundation reserves the right to publish your name and giving level in its annual report, donor lists, or physical recognition areas (such as the Leaf on the Wall display) as part of its stewardship and acknowledgement efforts, provided such recognition is consistent with the policies in place at the time of the gift.

3.5. Refund Policy

All donations are non-refundable unless the donation was made in error (e.g., duplicate charge). Any request for a refund must be submitted in writing to the Executive Director at info@carcf.site within thirty (30) days of the transaction date and will be reviewed on a case-by-case basis.

4. Resident Financial Assistance Fund (RFAF) Terms

4.1. Nature of the RFAF

The Resident Financial Assistance Fund (RFAF) is a donor-funded, restricted charitable program created to provide confidential financial aid to eligible, long-term residents who, through no fault of their own, have exhausted their personal resources and require support to maintain their residency and necessary care at the Center.

4.2. Eligibility and Application

  • Strict Criteria: Eligibility for the RFAF is determined solely by the Foundation’s confidential Finance Committee based on strict, pre-defined financial and residency criteria. This aid is available only to current residents who meet long-term residency minimums and demonstrate comprehensive financial need.
  • Confidentiality: The application process requires the submission of highly sensitive financial and personal documentation, which is protected under strict confidentiality protocols as detailed in our Privacy Policy. All application information is limited to the RFAF review committee and the Executive Director.
  • No Guarantee: Submission of an application for RFAF aid does not guarantee that aid will be granted. Aid is contingent upon the applicant meeting all defined criteria, the available balance of RFAF funds, and the approval of the Finance Committee. Decisions are final and are not subject to external review by the Foundation.

4.3. Terms of Aid

Aid, if granted, is provided as a charitable payment or subsidy made directly to the Center on behalf of the resident. Aid is not a loan and does not create a financial obligation for the resident or their family to the Foundation. Aid is subject to periodic review and renewal based on the resident’s continued eligibility and the availability of funds.

5. Volunteer and Community Engagement Terms

5.1. Volunteer Status and Relationship

Any individual providing services or assistance to the CARCF is acting solely as a volunteer. You acknowledge that your services are performed freely, without expectation of payment, benefits, or compensation, and you are not an employee, independent contractor, or agent of the Foundation or the Center for any purpose.

5.2. Compliance and Code of Conduct

Volunteers agree to abide by all Foundation policies, including but not limited to, the Code of Conduct, safety guidelines, and the strict confidentiality rules, particularly concerning any resident-related or sensitive financial information they may encounter. Volunteers must adhere to all instructions provided by Foundation or Center staff and recognize that their engagement is subject to immediate termination at the discretion of the Foundation.

5.3. Liability and Risk

Volunteers acknowledge that participation involves certain risks. You agree to release, indemnify, and hold harmless the CARCF, its directors, officers, employees, and the Center from any claims, liabilities, or damages arising out of your volunteer activities, except in cases of gross negligence or willful misconduct by the Foundation. Volunteers are encouraged to carry their own insurance coverage.

6. Website Use and Intellectual Property

6.1. Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the CARCF website strictly in accordance with these Terms, including the right to view content, make donations, and download publicly available documentation (e.g., Annual Reports).

6.2. Prohibited Uses

You agree not to use the website or services for any purpose that is unlawful or prohibited by these Terms. Prohibited activities include, but are not limited to:

  • Attempting to gain unauthorized access to any part of the website, Foundation databases, or confidential RFAF records.
  • Using the website to transmit any unsolicited advertising or spam.
  • Engaging in any activity that disrupts or interferes with the security or functionality of the website or the services of the Center.
  • Scraping, copying, or mirroring any content from the website without our express written permission.

6.3. Intellectual Property Rights

All content on the website, including text, logos, graphics, images, documentation, mission statements, and the organizational name “Clemson Area Retirement Center Foundation,” are the exclusive property of the CARCF or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or exploit any content without the express prior written consent of the Foundation.

7. Disclaimers and Limitation of Liability

7.1. Disclaimer of Warranties

THE FOUNDATION’S WEBSITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CARCF SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE, INCLUDING FUNDRAISING GOALS OR PROJECT DESCRIPTIONS.

7.2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CARCF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATED ENTITIES (INCLUDING THE CENTER) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

  • YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • ANY FINANCIAL LOSS SUSTAINED THROUGH DONATION OR APPLICATION FOR AID;
  • ANY MATTER RELATING TO THE CARE OR SERVICES PROVIDED BY THE CENTER.

IN NO EVENT SHALL THE FOUNDATION’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE FOUNDATION FOR THE SPECIFIC SERVICE OR EVENT GIVING RISE TO THE CLAIM, OR, IF NO PAYMENT WAS MADE, ONE HUNDRED U.S. DOLLARS ($100.00).

8. Indemnification

You agree to indemnify, defend, and hold harmless the CARCF, its directors, officers, employees, agents, and affiliated entities from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:

  • Your access to or use of the website or services;
  • Your violation of these Terms or any applicable laws or regulations;
  • Your submission of inaccurate or fraudulent information to the Foundation, including during the RFAF application process;
  • Any claims brought by third parties arising from your volunteer activities or other engagement with the Foundation.

9. Governing Law and Dispute Resolution

9.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions.

9.2. Arbitration

Any controversy or claim arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) and conducted in Pickens County, South Carolina. The arbitration shall be conducted by a single, mutually agreed-upon arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

9.3. Waiver of Class Action

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the fullest extent permitted by law, no arbitration or claim shall be joined with any other, and you have no right or authority for any dispute to be brought on a class-action basis or to utilize class action procedures.

10. Miscellaneous Provisions

10.1. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the CARCF concerning your use of the website and engagement with the Foundation, superseding any prior or contemporaneous communications, whether electronic, oral, or written.

10.2. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect.

10.3. Waiver

The failure of the CARCF to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

10.4. Contact Information for Legal Notices

All formal legal notices or communications regarding these Terms must be sent by certified mail to the following address:

Clemson Area Retirement Center Foundation (CARCF) Attn: Executive Director / Legal 500 DOWNS LOOP CLEMSON, SC 29631-0000

You acknowledge that electronic communication (email) is sufficient for all non-legal notices, operational updates, and general correspondence from the Foundation.