1. Introduction

The Tolen Foundation (“we,” “us,” or “our”) is an unincorporated non-profit organization dedicated to advocating for and providing financial literacy resources to individuals financially victimized due to a loved one’s addiction. These Terms apply to all users of our website and services.

Effective Date: 01/01/2024
Governing State: TEXAS

2. Acceptance of Terms

By accessing or using our website, resources, or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our site or services.

3. Content Disclaimer & No Professional Advice

• Educational Purpose Only: All content is provided for informational and educational purposes only. It does not constitute financial, legal, tax, investment, medical, or therapeutic advice.
• No Professional Relationship: Use of our site does not create a client, advisor, fiduciary, therapist, or professional relationship between you and The Tolen Foundation.
• No Investment Advisor Status: We are not registered investment advisors and do not provide individualized investment recommendations.
• No Guarantees: We do not guarantee the accuracy, completeness, or timeliness of any information or outcomes from using our resources.
• User Responsibility: You are solely responsible for your financial and personal decisions. Always consult qualified professionals before making financial, legal, or health decisions.

4. Sensitive Content & Crisis Resources

• Content Warning: Some materials may discuss addiction, financial victimization, and trauma, which may be distressing to some users.
• Crisis Resources:
  If you are in crisis or think you may have an emergency, call 988 for the Suicide & Crisis Lifeline or contact your local emergency services immediately. The Tolen Foundation does not provide direct crisis intervention or emergency services.
• Trauma-Informed Commitment:
  We strive to maintain a trauma-informed, person-centered, and culturally sensitive environment, prioritizing safety, respect, and empowerment for all users.

5. User Conduct & Community Guidelines

To foster a safe and supportive environment, you agree to:

• Treat all users with respect and dignity.
• Refrain from harassment, hate speech, discrimination, or abusive behavior.
• Not share personal or health information of others without explicit consent.
• Not offer unlicensed professional advice or promote harmful activities.
• Not solicit, advertise, or promote products, services, or fundraising without our written permission.
• Follow all applicable laws and regulations.
• Violation of these rules may result in termination of your access to our services.

6. Accessibility Statement

We are committed to ensuring digital accessibility for people with disabilities. Our website aims to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter accessibility barriers, please contact us at support@tolenfoundation.org so we can address your needs.

7. Intellectual Property

All content, trademarks, logos, and materials on this website are the property of The Tolen Foundation or its licensors, unless otherwise stated. You may use our resources for personal, non-commercial purposes only. Any other use, reproduction, or distribution requires our prior written consent.

8. User-Generated Content

If you submit content (e.g., comments, stories, or resources):

• You grant The Tolen Foundation a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content in connection with our mission.
• You are responsible for ensuring your content does not infringe on the rights of others or violate these Terms.
• We reserve the right to moderate, edit, or remove user content at our discretion.

9. Third-Party Links & Content

Our website may contain links to third-party websites or resources. We do not endorse or assume responsibility for the content, accuracy, or practices of any third-party sites. Accessing third-party content is at your own risk.

10. Privacy Policy Reference

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

11. Limitation of Liability

To the fullest extent permitted by law:

• The Tolen Foundation, its members, officers, volunteers, and agents are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our website, resources, or services.
• If liability cannot be excluded, it is limited to the maximum extent permitted by law, and in no event shall it exceed the amount paid by you (if any) for accessing our services.

12. Disclaimer of Warranties

All content and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

13. Indemnification

You agree to indemnify and hold harmless The Tolen Foundation, its members, officers, volunteers, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the website, your violation of these Terms, or your infringement of any rights of another.

14. Unique Risks & Authority to Bind

• Unincorporated Status: The Tolen Foundation is an unincorporated association. It does not have a separate legal identity. Members and officers may be personally liable for organizational obligations under applicable law.
• Authority to Bind: Only individuals expressly authorized in writing by The Tolen Foundation may enter into agreements or make representations on its behalf. No other person has authority to bind the organization.
• Volunteer/Member Liability: Volunteers and members act at their own risk. The Foundation does not provide insurance coverage unless explicitly stated.

15. Modification of Terms

We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of our website after changes constitutes acceptance of the new Terms.

16. Termination

We may terminate or suspend your access to our website or services at our sole discretion, without notice, for conduct that violates these Terms or is otherwise harmful to our mission or users.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of [Insert State], without regard to its conflict of law principles. Any disputes arising from these Terms or your use of our services shall be resolved in the courts located in [Insert County/State].

18. Contact Information

For questions, concerns, accessibility requests, or to report violations, please contact:
The Tolen Foundation
[Insert Mailing Address]
[Insert Email Address]
[Insert Phone Number]

19. Legal Review Notice

Important:
These Terms and Conditions are provided for informational purposes and should be reviewed by qualified legal counsel to ensure compliance with all applicable laws and regulations.

📋 Summary Table: Your Rights & Responsibilities

What You Can Expect	Your Responsibilities & Protections
Access free financial literacy resources	Use content for personal, non-commercial purposes
Trauma-informed, accessible environment	Treat others with respect and follow conduct rules
Privacy and data protection	Accept that content is not professional advice
Clear disclaimers and crisis resources	Seek professional help for financial or health needs
Right to contact us with concerns	Accept limitations of liability and indemnification

Key Takeaway:
The Tolen Foundation is committed to transparency, safety, and respect for all users. Please read these Terms carefully and reach out with any questions or concerns.