TERMS AND CONDITIONS

TERMS & CONDITIONS

Effective Date: June 2026

Introduction

Welcome to the website of Miyka’el Foundation, Inc. (“Foundation,” “we,” “us,” or “our”). These Terms and Conditions (the “Terms”) govern your access to and use of our website at miykaelfoundation.org (the “Site”), including all content, features, services, and functionality offered through the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of the Site immediately. These Terms should be read in conjunction with our Privacy Policy and Refund and Cancellation Policy, both of which are incorporated herein by reference and available on our Site.

The Foundation reserves the right to modify these Terms at any time. Changes will be effective upon posting to the Site. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms.

ARTICLE I: USE OF THE SITE

1.1 Eligibility

By using the Site, you represent that you are at least 18 years of age or that you are accessing the Site under the supervision of a parent or legal guardian who has agreed to these Terms. The Site is intended for personal, non-commercial use unless otherwise expressly authorized by the Foundation.

1.2 Permitted Use

You may use the Site for lawful purposes only. You agree to use the Site in a manner consistent with all applicable federal, state, and local laws and regulations and in accordance with these Terms.

1.3 Prohibited Use

You agree not to:

a) Use the Site in any way that violates applicable law or regulation
b) Use the Site to transmit or distribute unsolicited communications, spam, or malicious content
c) Attempt to gain unauthorized access to any portion of the Site, its servers, or any systems connected to the Site
d) Interfere with or disrupt the integrity or performance of the Site or its content
e) Use any automated means, including bots, scrapers, or crawlers, to access, collect, or monitor content from the Site without the Foundation’s prior written consent
f) Reproduce, duplicate, copy, sell, or exploit any portion of the Site for commercial purposes without the Foundation’s express written authorization
g) Impersonate the Foundation, its board members, staff, or volunteers, or misrepresent your affiliation with any person or organization
h) Upload, post, or transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable
i) Use the Site in any manner that could damage, disable, or impair the Site or interfere with any other party’s use of the Site

ARTICLE II: INTELLECTUAL PROPERTY

2.1 Foundation Content

All content on the Site, including but not limited to text, graphics, logos, photographs, images, audio clips, video content, program descriptions, and the overall design and layout of the Site, is the property of Miyka’el Foundation, Inc. or its content licensors and is protected by applicable copyright, trademark, and intellectual property laws.

2.2 Limited License

The Foundation grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes only. This license does not include the right to:

a) Reproduce, modify, distribute, or publicly display any Foundation content without prior written consent
b) Use any Foundation logos, trademarks, or brand elements without prior written authorization
c) Create derivative works based on Foundation content

2.3 User-Submitted Content

If you submit content to the Foundation through the Site, including stories, photographs, testimonials, or other materials, you grant the Foundation a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, publish, and distribute such content in connection with the Foundation’s charitable mission and communications, with appropriate respect for your privacy and dignity.

2.4 Trademark

The name Miyka’el Foundation, the Foundation’s logo, tagline, and all related marks are trademarks of Miyka’el Foundation, Inc. Unauthorized use of these marks is strictly prohibited.

ARTICLE III: DONATIONS

3.1 Charitable Status

Miyka’el Foundation, Inc. is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Contributions to the Foundation are tax-deductible to the extent permitted by law. Donors are responsible for consulting their tax advisor to determine the deductibility of their specific contribution.

3.2 Donation Processing

All online donations are processed through our secure donation platform. By making a donation through the Site, you authorize the Foundation and its payment processors to charge the payment method you provide for the amount specified.

3.3 Designated Gifts

Donors may designate their gift to a specific fund or program area. The Foundation will honor donor designations to the extent that the designated fund or program remains active and operational. If a designated program is discontinued or a designation becomes impractical, the Foundation will redirect the gift in a manner consistent with the donor’s original intent in accordance with our Gift Acceptance Policy.

3.4 Donation Acknowledgment

The Foundation will provide written acknowledgment of all qualifying donations in accordance with IRS requirements. Donors are responsible for retaining their acknowledgment letters for tax purposes.

3.5 Refunds

Donation refund requests are subject to the Foundation’s Refund and Cancellation Policy.

ARTICLE IV: PROGRAM SERVICES AND ASSISTANCE REQUESTS

4.1 Program Eligibility

Submission of a request for program assistance does not guarantee approval or service delivery. All requests are reviewed based on program eligibility criteria, available funding, and program capacity. The Foundation reserves the right to approve, deny, or place on a waitlist any assistance request at its sole discretion.

4.2 Program Availability

The Foundation’s programs are subject to change, suspension, or discontinuation based on funding, capacity, and operational needs. The Foundation makes no guarantee of ongoing program availability.

4.3 Service Area

United States programs are currently available to eligible individuals and families in the South Florida area. Hayti programs operate through the Foundation’s on-ground team in Hayti. Program service areas are subject to change as the Foundation grows.

4.4 Referral Inquiries

Submission of a Hayti program referral inquiry does not guarantee enrollment or immediate assistance. All referrals are subject to review, verification, and on-ground assessment by the Foundation’s Hayti operations team. The Foundation does not provide financial assistance, cash support, or services outside of its established programs.

ARTICLE V: VOLUNTEER ENGAGEMENT

5.1 Volunteer Screening

All volunteer applicants are subject to a review process. Certain volunteer roles involving direct contact with children, youth, or vulnerable adults require a criminal background check prior to engagement.

5.2 Volunteer Conduct

All volunteers are required to comply with the Foundation’s Safeguarding Policy, Code of Conduct, and all applicable governance policies. Volunteers who violate these standards are subject to immediate removal from their role.

5.3 No Employment Relationship

Volunteer engagement with the Foundation does not create an employment relationship. Volunteers are not entitled to compensation, benefits, or any other employment-related rights or protections.

ARTICLE VI: DISCLAIMER OF WARRANTIES

The Site and all content, services, and features offered through the Site are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. The Foundation does not warrant that:

a) The Site will be uninterrupted, error-free, or free of viruses or other harmful components

b) The content on the Site is accurate, complete, or current

c) The Site will meet your specific requirements or expectations

The Foundation disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by applicable law.

ARTICLE VII: LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Miyka’el Foundation, Inc., its board members, officers, staff, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, your donations, your participation in Foundation programs, or your reliance on any content or information provided through the Site, even if the Foundation has been advised of the possibility of such damages.

The Foundation’s total liability to you for any claim arising out of or related to these Terms or your use of the Site shall not exceed the amount you paid to the Foundation in the twelve months preceding the claim, if any.

ARTICLE VIII: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Miyka’el Foundation, Inc., its board members, officers, staff, volunteers, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any applicable law or the rights of any third party.

ARTICLE IX: THIRD-PARTY LINKS AND SERVICES

The Site may contain links to third-party websites, platforms, and services. These links are provided for convenience only and do not constitute an endorsement by the Foundation. The Foundation is not responsible for the content, privacy practices, or terms of any third-party websites or services. Your use of third-party websites and services is at your own risk and subject to the terms and policies of those third parties.

ARTICLE X: GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or your use of the Site shall be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in Broward County, Florida, in accordance with the rules of the American Arbitration Association. Nothing in this Article shall prevent the Foundation from seeking injunctive or other equitable relief in a court of competent jurisdiction.

ARTICLE XI: SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

ARTICLE XII: ENTIRE AGREEMENT

These Terms, together with the Foundation’s Privacy Policy and Refund and Cancellation Policy, constitute the entire agreement between you and Miyka’el Foundation, Inc. with respect to your use of the Site and supersede all prior agreements, representations, and understandings relating to the same subject matter.

ARTICLE XIII: CONTACT US

If you have any questions or concerns regarding these Terms and Conditions, please contact us via:

Mailing Address:

MIYKA’EL FOUNDATION, INC.

8029 W McNab Road, Suite 3071

Tamarac, Florida 33321

Email: legal@miykaelfoundation.org

Phone: (954) 820-8575

Contact Form: Available through our website contact page

Last Reviewed: June 2026