INTRODUCTION, ACCEPTANCE OF TERMS, AND GENERAL PROVISIONS

1.1. Acceptance of Agreement and Definitions This Comprehensive Terms and Conditions of Use and Service (“Agreement,” “Terms”) constitutes a legally binding agreement between you, whether personally or on behalf of an entity (“You,” “User,” or “Stakeholder”), and the BLUE AND YELLOW HEARTS FOUNDATION (“the Foundation,” “we,” “us,” or “our”), concerning your access to and use of all services, programs, resources, physical premises, and digital properties (including the website, online portals, and communication channels) operated or controlled by the Foundation, located at STE 114-148, POTOMAC, MD 20854. By accessing, using, donating to, volunteering for, or participating in any capacity in the activities of the Foundation, you signify that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you are expressly prohibited from using the services and must discontinue use immediately. The term “Services” as used herein shall refer collectively to all programs offered (e.g., Wellness Support, Education & Learning, Resource Distribution), administrative activities, physical access to the Foundation’s facilities, and all digital interactions governed by this Agreement. This Agreement supersedes any prior agreements, representations, or understandings related to the subject matter hereof.

1.2. Specificity and Integration with Other Policies These Terms are intended to be comprehensive and govern the entirety of the relationship between You and the Foundation. It is understood and agreed that these Terms shall be read in conjunction with the Foundation’s separate Comprehensive Privacy Policy, which details the collection, use, and protection of your personal information, and which you are encouraged to review independently. In the event of any conflict between the terms herein and those contained in any specific program enrollment form, donor agreement, or volunteer handbook, the terms of that specific, executed document shall prevail solely regarding the subject matter of that conflict, provided such document is signed by an authorized representative of the Foundation; otherwise, these comprehensive Terms shall control. The Foundation operates under the charitable mission to uplift individuals and families in need, and all terms and conditions outlined herein are designed to uphold the integrity of that mission while ensuring the safety, ethical conduct, and legal compliance required of a non-profit organization operating in the public interest.

1.3. Amendments and Modifications The Foundation reserves the unequivocal right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason deemed necessary for the continuous, ethical operation of our organization and adherence to evolving legal standards. We will alert you about any changes by updating the “Effective Date” of these Terms and Conditions. You waive any right to receive specific notice for each such change or modification. It remains your sole responsibility to periodically review these Terms and Conditions to stay informed of updates. Your continued use of the Services after the date such revised Terms and Conditions are posted will constitute your acceptance of and agreement to the revised Terms and Conditions, legally binding you to them without reservation.

2. GENERAL USE OF SERVICES, DIGITAL PROPERTIES, AND INTELLECTUAL PROPERTY

2.1. Permitted Use and Restrictions The Services, including all content, resources, text, graphics, logos, images, and digital downloads available on the Foundation’s website (the “Digital Properties”), are provided solely for your personal, non-commercial use in alignment with our charitable mission. You are granted a limited, non-exclusive, non-transferable license to access and use the Digital Properties strictly in accordance with these Terms. You shall not use the Services for any unlawful purpose, including but not limited to the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature, and you agree to fully comply with all applicable local, state, national, and international laws and regulations. Prohibited activities include reverse engineering, unauthorized data scraping, unauthorized attempts to interfere with the integrity of the Services, or any use that imposes an unreasonable or disproportionately large load on our infrastructure.

2.2. Intellectual Property Rights and Ownership All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Digital Properties and the materials and content provided as part of the Services (excluding User Content, defined below) are owned by the Foundation or licensed to the Foundation, and are protected by applicable intellectual property laws. The BLUE AND YELLOW HEARTS FOUNDATION name, logo, and all related names, service names, and design marks are trademarks of the Foundation. You acknowledge and agree that you shall not acquire any ownership rights by downloading or otherwise using the Digital Properties or content, and any unauthorized use of the Foundation’s intellectual property is strictly prohibited and constitutes a material breach of this Agreement. Any educational curriculum, training manuals, case management protocols, or therapeutic techniques developed by our staff (such as Dr. Marcus Chen’s wellness protocols or Sofia Rodriguez’s curriculum) remain the exclusive property of the Foundation and cannot be reproduced or used for commercial gain without explicit, prior written consent from the Executive Director, Eleanor Vance.

2.3. User Content and License Grant The Services may allow you to post, submit, or transmit content, data, or materials, including testimonials, feedback, or photographs (“User Content”). By submitting User Content, you grant the Foundation a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media solely in connection with the operation of the Foundation and the promotion of its mission (e.g., using an anonymized testimonial on our website). You represent and warrant that you own or otherwise control all of the rights to the User Content that you post and that the use of your User Content by the Foundation will not infringe upon or violate the rights of any third party. The Foundation reserves the right, but not the obligation, to monitor, edit, or remove any User Content that we deem, in our sole discretion, to be in violation of this Agreement or harmful to the interests or reputation of the Foundation or its participants.

3. SPECIFIC TERMS FOR PROGRAM PARTICIPANTS AND SERVICE RECIPIENTS

3.1. Enrollment, Eligibility, and Conduct Access to programs (including Stability Services, Wellness Support, and Educational Programs) is conditioned upon successful completion of the intake and eligibility assessment conducted by our Case Managers, which relies on the accurate submission of highly sensitive Program Participant and Family Data as detailed in our Privacy Policy. The Foundation retains the right, at its sole discretion, to determine eligibility and scope of service provision based on criteria including need, available resources (as managed by Fatima Hassan), and alignment with our mission. All participants are required to maintain respectful, cooperative conduct toward Foundation staff, volunteers, and other participants while on the premises at STE 114-148, POTOMAC, MD 20854, and during any program activities. Threats, harassment, violence, or any conduct that compromises the safety or therapeutic environment of the center are strictly prohibited and constitute immediate grounds for termination of all Services and removal from the premises.

3.2. Confidentiality and Clinical Services Participation in Wellness and Clinical Services, led by Dr. Marcus Chen’s team, is subject to strict professional standards of confidentiality, including, but not limited to, state and federal regulations governing mental health records. Participants acknowledge that, while the Foundation maintains a high degree of privacy, there are legal exceptions to confidentiality, including the duty to report suspected child abuse or neglect (as required by law) and the duty to warn third parties of imminent threats of serious physical harm. By engaging in these services, participants consent to the internal sharing of necessary data among the integrated Foundation staff (Case Manager, Educator, Clinician) solely for the purpose of coordinating holistic care, as permitted by documented consent obtained during enrollment, and consistent with the provisions outlined in our Privacy Policy regarding the clinical data.

3.3. Program Termination and Appeals The Foundation reserves the right to suspend or terminate services to any participant or family who violates these Terms, provides false or misleading information during intake, fails to cooperate with Case Managers, or engages in disruptive conduct that interferes with the safe and effective operation of our programs. Termination will be handled fairly, documented clearly, and communicated respectfully by the Case Management team. Participants who believe they have been unfairly terminated may submit a formal written appeal to the Executive Director’s office within fourteen (14) days of receiving the termination notice, detailing the grounds for appeal and providing supporting documentation, and the decision of the Executive Director, Eleanor Vance, following review, shall be final and binding.

4. SPECIFIC TERMS FOR DONORS AND FINANCIAL TRANSACTIONS

4.1. Intent and Irrevocability of Donations By making a financial contribution or providing an in-kind donation to the BLUE AND YELLOW HEARTS FOUNDATION, you affirm that the donation is made voluntarily and with the full understanding that it constitutes an irrevocable gift to the Foundation, a non-profit organization, to be used to further our mission and support our programs in accordance with the Foundation’s governance and budgetary decisions. All donations, whether made through the secure online portal or via check, are considered non-refundable, except as explicitly set forth in our Refund Policy. The Foundation maintains exclusive control over the allocation and expenditure of donated funds, although efforts will be made to honor donor preferences for specific programs (e.g., Education vs. Stability Services) when such preferences are expressed, provided they align with the Foundation’s immediate needs and programmatic strategy, which is continuously managed by the Executive Director.

4.2. Donation Refund Policy In the event of an error in the donation processing (e.g., an unintended duplicate transaction or an amount error exceeding the intended contribution), the donor must notify the Foundation’s administrative office via email at info@byhf.site or telephone within thirty (30) days of the transaction date. Refund requests for errors must be accompanied by supporting documentation of the error (e.g., bank statement showing the duplicate charge). The Foundation will investigate the claim promptly (managed by Fatima Hassan’s team) and, upon confirmation of a processing error, will issue a full refund for the mistaken amount within thirty (30) days of the confirmation. Donations made intentionally, even if the donor later changes their mind or experiences financial hardship, are generally not refundable due to the immediate allocation of funds to resource distribution and service delivery.

4.3. Tax Deductibility and Financial Disclosure The Foundation is a non-profit organization, and contributions may be tax-deductible to the extent allowed by law. Donors are solely responsible for determining the tax deductibility of their contributions and should consult with a qualified tax advisor regarding their specific circumstances. The Foundation will provide all necessary tax documentation, including receipts for all donations above a specified threshold as required by IRS regulations, in a timely manner (managed by the administrative team). Donors acknowledge that no goods or services of monetary value, beyond intangible religious benefits or the inherent charitable satisfaction, are provided to the donor in exchange for the donation, unless explicitly noted in writing at the time of the contribution, to maintain the integrity of the charitable deduction status.

5. SPECIFIC TERMS FOR VOLUNTEERS AND COMMUNITY ENGAGEMENT

5.1. Volunteer Status and Relationship By applying to volunteer with the Foundation (managed by David Kim), you acknowledge and agree that your relationship with the Foundation is strictly voluntary, non-compensated, and that you are not, and shall not be deemed to be, an employee, independent contractor, or agent of the Foundation for any purpose, including but not limited to labor laws, tax purposes, or benefit eligibility. You are dedicating your time and talents solely for charitable purposes in support of the Foundation’s mission. The Foundation maintains the right to accept or reject any volunteer application and to terminate any volunteer engagement at any time, with or without cause, in its sole discretion, including for failure to adhere to these Terms, the Volunteer Handbook, or our stringent conduct policies.

5.2. Conduct, Confidentiality, and Background Checks All volunteers are required to undergo mandatory background checks (as detailed in the Privacy Policy), complete all required training (including trauma-informed care modules), and adhere strictly to the Foundation’s Code of Conduct and policies regarding interactions with program participants, especially minors and vulnerable adults. Volunteers are expressly prohibited from sharing any confidential or sensitive information learned during their service, including but not limited to the identity, background, or struggles of program participants or donors, outside of the official communication channels as directed by their Volunteer Coordinator. Any breach of confidentiality constitutes a material breach of these Terms and may result in immediate termination of the volunteer relationship and potential legal action. Volunteers agree to comply with all safety procedures while on the Foundation’s premises (STE 114-148, POTOMAC, MD 20854).

5.3. Volunteer Release and Liability In consideration of being permitted to participate in the activities of the Foundation, volunteers hereby release, discharge, and covenant not to sue the Foundation, its officers (including Eleanor Vance and Dr. Marcus Chen), employees, agents, and other volunteers from all liability, claims, demands, losses, or damages on account of any injury, including death or property damage, caused or alleged to be caused in whole or in part by the negligence of the Foundation or otherwise, to the fullest extent permitted by law. Volunteers understand that their work may involve certain inherent risks associated with charitable service and transportation, and they voluntarily assume those risks, agreeing to provide proof of necessary insurance coverage (e.g., automobile insurance) where required for their role.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

6.1. General Disclaimer of Warranties The Foundation provides the Services, including all educational content, wellness resources, and digital properties, on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, statutory, or otherwise. The Foundation specifically disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. While Dr. Marcus Chen’s team provides professional, licensed clinical support, the Foundation does not warrant that the results that may be obtained from the use of the services will be effective, reliable, accurate, or meet your requirements. The Foundation is not responsible for the accuracy or completeness of any information provided by third-party partners or external referral sources.

6.2. Limitation of Liability In no event shall the Foundation, its Executive Director, Eleanor Vance, its officers, employees, agents, or affiliates (including all named staff members: Dr. Marcus Chen, Sofia Rodriguez, David Kim, and Fatima Hassan) be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if the Foundation has been advised of the possibility of such damages. The Foundation’s liability to you for any cause whatsoever, regardless of the form of the action, shall at all times be limited to the amount paid, if any, by you to the Foundation during the six (6) month period prior to any cause of action arising. This limitation of liability shall apply to the fullest extent permitted by law in the jurisdiction of Potomac, MD, and any other relevant jurisdiction.

6.3. Professional Advice Disclaimer The information and guidance provided through our educational programs, vocational workshops, and digital content (such as financial literacy information) are for informational and general guidance purposes only and are not intended as professional financial, legal, medical, or clinical advice. Program participants must not rely solely on the information provided by the Foundation for making decisions related to their health, finances, or legal status. The Foundation strongly advises all participants to seek independent, professional advice from licensed practitioners (doctors, attorneys, certified financial advisors) when making critical life decisions. Access to Wellness Support provided by Dr. Chen’s team constitutes therapy only within the context of the agreed-upon clinical relationship and does not substitute for emergency medical or psychiatric intervention.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the BLUE AND YELLOW HEARTS FOUNDATION, its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees (including, but not limited to, Eleanor Vance, Dr. Marcus Chen, Sofia Rodriguez, David Kim, and Fatima Hassan) from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your User Content; (b) your breach of these Terms and Conditions; (c) your violation of any rights of a third party, including intellectual property rights; (d) any overt harmful act toward any other user of the Services or the Foundation’s staff or volunteers; or (e) your use of the Services in violation of any applicable law or regulation. Notwithstanding the foregoing, the Foundation reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. Governing Law These Terms and Conditions and your use of the Services are governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with the Foundation, or in any way relating to your use of the Services, resides in the courts of the State of Maryland, located in the county where the Foundation’s principal place of business (Potomac, MD) is situated.

8.2. Informal Negotiations and Mediation To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or the Foundation (excluding those explicitly excluded below), the parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating mediation or arbitration. Such informal negotiations commence upon written notice from one party to the other. If the Dispute cannot be resolved through informal negotiations, the parties agree to pursue non-binding mediation with a mutually agreed-upon mediator in Montgomery County, Maryland, prior to any formal legal action.

8.3. Binding Arbitration (If Mediation Fails) If the Dispute cannot be resolved through mediation within a reasonable time, and if both parties agree in writing, they may opt to resolve the dispute through binding arbitration, rather than in court. The arbitration shall be conducted in Montgomery County, Maryland, and shall be administered by a mutually agreed-upon arbitrator or arbitration service in accordance with its commercial arbitration rules. The decision of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

8.4. Exceptions to Informal Negotiations and Arbitration The parties agree that the following Disputes are not subject to the provisions concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any claim of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

9. MISCELLANEOUS PROVISIONS

9.1. Entire Agreement These Terms and Conditions and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and the Foundation, superseding all prior or contemporaneous communications, agreements, and proposals, whether oral or written, between the parties regarding the subject matter hereof.

9.2. Severability If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

9.3. No Waiver The failure of the Foundation to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

10. CONTACT INFORMATION

For any questions, concerns, clarifications, or formal requests related to these Terms and Conditions, please contact the Foundation’s administrative office.

Organization Name: BLUE AND YELLOW HEARTS FOUNDATION

Administrative Contact: Email: info@byhf.site (Preferred method for quickest response and documentation)

Physical and Mailing Address (Main Office & Program Center): STE 114-148 POTOMAC, MD 20854

We appreciate your cooperation in adhering to these terms, which are necessary to ensure the safe, ethical, and effective delivery of our mission to uplift every heart in our community.