Terms of Use

1. Agreement to these terms

These Terms of Use (“Terms”) are a binding agreement between you and Trina's Kids Foundation, a 501(c)(3) nonprofit organization (EIN 47-1003950) based in Los Angeles, California (“Trina's Kids,” “we,” “us,” or “our”). They govern your access to and use of this website, including making a donation or participating in any fundraising, volunteer, or event activity offered through it (collectively, the “Site”).

By accessing or using the Site, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Site or make a donation.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to make a donation or enter into a transaction through the Site. By transacting, you represent that you meet this requirement, that the payment method you use is lawfully yours, and that all information you provide is accurate and complete. If you use the Site on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

3. Donations are voluntary and final

All donations are voluntary charitable gifts. You are not purchasing any product or service, and unless we expressly state otherwise in writing, you receive no goods, services, or other benefits in exchange for a donation. Because donations directly fund our charitable programs, all donations are final and non-refundable.

As a courtesy, and entirely at our sole discretion, we may issue a refund for a demonstrable processing error, a duplicate charge, or a clearly unauthorized transaction if you contact us at karla@trinaskids.org within 15 days of the transaction. Granting any such refund does not create an obligation to grant others. You are responsible for the accuracy of the donation amount and payment details you submit.

4. Recurring donations

If you elect to make a recurring donation, you authorize us and our payment processor to charge your selected payment method on the recurring schedule you choose until you cancel. You may cancel a recurring donation at any time, effective for future charges, by contacting us at karla@trinaskids.org or by using any self-service option we provide. Cancellation does not entitle you to a refund of donations already processed. It is your responsibility to keep your payment and contact information current.

5. Payment processing

Donations are processed through Givebutter, our independent, PCI-DSS-compliant third-party fundraising and payment platform, and its payment partners. Your donation is also subject to Givebutter’s terms and privacy policy. We do not receive or store your full payment card number on our own servers. We are not responsible for errors, delays, outages, or unauthorized access occurring within Givebutter’s or another third-party processor’s systems, and your use of a payment processor is at your own risk. Where the Site indicates donations are being accepted in test mode, no live charge is made.

6. Tax deductibility

Trina's Kids is recognized as a 501(c)(3) nonprofit organization and contributions may be tax-deductible to the extent permitted by law. We do not provide tax, legal, or financial advice, and nothing on the Site is a substitute for advice from a qualified professional. The deductibility of any gift depends on your individual circumstances; please consult your own tax advisor. You are responsible for retaining your donation receipt for tax purposes.

7. Fundraising on our behalf

You may not solicit donations, run a fundraiser, sell goods, or otherwise raise money using our name, logo, EIN, or brand without our prior written authorization. Unauthorized fundraising, or any conduct that misrepresents your relationship with us or how funds will be used, is strictly prohibited, and we disclaim all responsibility for it. We may revoke any authorization at any time. All funds we raise are applied to our charitable mission at the discretion of our board, consistent with applicable law and any donor-designated restriction we expressly accept in writing.

8. Acceptable use

You agree to use the Site only for lawful purposes. You will not use the Site in any way that infringes the rights of others; interferes with the operation or security of the Site; involves fraudulent, false, or misleading information; attempts unauthorized access to any account or system; or uploads malicious code. We may suspend or terminate access, and refuse or reverse any transaction, at our discretion and without liability, to protect the Site, our supporters, or our mission.

9. Intellectual property

The Site and its content — including text, graphics, photography, logos, and design — are owned by Trina's Kids Foundation or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from the content without our prior written permission. The Guinness World Records name, logo, and certificate imagery are the property of Guinness World Records Limited and any related trademarks are used only as permitted by their owner. All other trademarks are the property of their respective owners.

10. Third-party links and services

The Site may link to or rely on third-party services, such as payment, analytics, or social media platforms. We do not control and are not responsible for the content, products, security, or privacy practices of those third parties, and a link does not imply our endorsement. Your use of any third-party service is governed by that party’s own terms.

11. Disclaimer of warranties

The Site is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that any information on the Site is accurate, complete, or current. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

12. Limitation of liability

To the fullest extent permitted by law, Trina's Kids Foundation and its directors, officers, employees, volunteers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of data, goodwill, or profits, arising out of or relating to your use of the Site or any donation, even if we have been advised of the possibility of such damages. To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Site or a donation will not exceed the greater of the amount of the donation giving rise to the claim or one hundred U.S. dollars (US $100). These limitations apply regardless of the legal theory on which a claim is based.

13. Indemnification

You agree to indemnify, defend, and hold harmless Trina's Kids Foundation and its directors, officers, employees, volunteers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Except for claims that may be brought in small-claims court, any dispute arising out of or relating to these Terms or the Site that cannot be resolved informally will be resolved by binding arbitration administered in Los Angeles County, California, under the rules of a recognized arbitration provider, and judgment on the award may be entered in any court of competent jurisdiction.

You and Trina's Kids agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent permitted by law. Nothing in this section limits either party’s ability to seek injunctive relief for infringement or misuse of intellectual property.

15. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Changes take effect when posted, and your continued use of the Site after they are posted means you accept the updated Terms.

16. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be limited or removed to the minimum extent necessary. Our failure to enforce any provision is not a waiver of it. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, or transfer of assets.

17. Charitable solicitation disclosures

Trina's Kids Foundation is a 501(c)(3) nonprofit organization registered in California. Registration with a state, or the use of our materials by a state, does not imply that state’s endorsement, approval, or recommendation of Trina's Kids. A copy of our latest financial report and registration information may be obtained by contacting us at 545 S Clarence St, Los Angeles, CA 90033 or karla@trinaskids.org, and may also be available from the office of the Attorney General or charity regulator in your state.

Some states require specific disclosures that name a state charity registry and toll-free number; where we are registered in your state, those state-specific statements apply in addition to this one. Contributions are solicited on behalf of Trina's Kids Foundation and are applied to its charitable mission as described in Section 7.

18. Contact

Questions about these Terms can be sent to karla@trinaskids.org, or by mail to Trina's Kids Foundation, 545 S Clarence St, Los Angeles, CA 90033.