Terms and Conditions

These Mutual Aid Terms and Conditions (the “Terms”) are effective as of the date published on the Organization’s website (“Effective Date”) and apply to any grants of Mutual Aid from LGBTQ Foundation of Kansas, Inc., a Kansas not-for-profit Corporation, (“Organization”) and the Applicant for such Mutual Aid. In these Terms, each may be called a “Party” or collectively “the Parties.”

1. Purpose: The Organization is a 501(c)(3) non-profit providing charitable services to members of the LGBTQIA+ community (the “Purpose”). The Parties understand, acknowledge, and agree that all information provided under the Application (as defined below) and any funds granted thereunder will be used solely in compliance with the Purpose.
2. Definitions: As used herein, the capitalized terms and phrase used in these Terms have the following meanings:
   (a) Applicable Law means all applicable international, federal, state, and local laws, including any statutes, regulations, rules, or interpretations thereof or any court orders related thereto by any government agency or court of competent jurisdiction thereof.
   (b) Applicant means the person who has completed an application for Mutual Aid.
   (c) Application means the application for Mutual Aid completed by the Applicant requesting Mutual Aid.
   (d) Confidential Information means any non-public information provided by one Party to the other for purposes of requesting Mutual Aid, reviewing such requests, granting such Mutual Aid (as applicable), and awarding such Mutual Aid when awarded.
   (e) Mutual Aid means the funds granted to an Applicant to be used for the purposes set forth in such person’s approved Application.
3. Truthfulness: The Applicant represents and warrants that, as of the date of the Application, all information provided in the Application are complete, accurate, and truthful to the best of the Applicant’s knowledge. If any information changes after submission of the Application, the Applicant
   agrees to promptly notify the Organization of any changes and provide updated answers to applicable questions.
4. Confidentiality: The Parties understand, acknowledge, and agree that all Confidential Information disclosed within the Application or the Application process, including any follow-up information provided by the Applicant will be kept confidential between the Parties and will be used solely to review, evaluate, grant, monitor, and comply with these Terms, the Purpose, and Applicable Law.
5. Review and Discretion: The Organization will review the information provided by the Applicant in the Application. If the Organization deems that it needs additional information to evaluate such Application, the Organization may request additional information or clarification to the information provided by the Applicant. The Applicant agrees to promptly provide any reasonable clarification or additional information so requested. The Organization will then review the request for Mutual Aid to determine, in its sole discretion, whether the Mutual Aid request complies with its Purpose, Applicable Law, and mission. If the request complies with those requirements, it will determine, in its sole discretion, the amount of Mutual Aid, that it will provide under the Application.
6. Use of Mutual Aid: The Applicant understands, acknowledges, and agrees that they will use the Mutual Aid granted hereunder, if any, solely for the purposes requested in their Application and for no other purpose. If the Organization determines that the Applicant has used the Mutual Aid for any
   purposes other than what was stated in the Application, the Organization may disqualify the Applicant from being able to apply for additional Mutual Aid in the future, request repayment of such Mutual Aid (where feasible), or any other remedies allowed by Applicable Law.
7. Non-Discrimination: All Applications will be reviewed on their merit and all Applicants have an equal opportunity to receive such Mutual Aid regardless of the Applicant’s race, color, national origin, ancestry, sex, sexual orientation, gender identity, religion or religious or non-religious status, age,
   marital status, disability, genetic profile, veteran status, domestic abuse survivor status, or any other classification protected by Applicable Law.
8. Disclaimer. The Applicant understands, acknowledges, and agrees that the grant of Mutual Aid is discretionary and is granted or not granted within the sole and absolute discretion of the Organization. Except to the extent of the Organization’s violation of Applicable Law, the Applicant agrees that they will not bring any claim against the Organization for such discretion and, except to the extent of the Organization’s violation of Applicable Law, hereby waives any claims it may have, at law or in equity, arising from, relating to, or otherwise connected with the Organization’s decision to grant or not grant any such Mutual Aid hereunder.
9. Miscellaneous;
   9.1 Governing Law and Venue. These terms and the rights and obligations of the Parties hereunder shall be construed in accordance with and governed by Kansas law, without regard to its conflicts of laws principles. The forum for any proceeding or suit arising from or incident to this Agreement shall
   be located in the State of Kansas.
   9.2 Notices. All notices, requests, consents, or other communications hereunder shall be addressed to the Parties’ addresses as set forth below or to such other address as a Party may designate by notice hereunder, and shall be (a) delivered by hand, (b) sent by recognized overnight courier, (c) sent by United States Postal Services, postage prepaid, or (d) via email with delivery or read receipt confirmation. Any such notices to Applicant shall be sent to the most recent contact information provided by the Applicant. Any such notices shall be provided to the physical address or email set forth on the Organization’s website.
   9.3 Modifications, Waivers, Survival. These Terms may be amended from time to time by the Organization by publishing a new version to its website. No term or provision of these Terms shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. Notwithstanding anything to the contrary in these Terms, any provision which contemplates performance or observance subsequent to any termination, expiration, or completion of these Terms or the transactions hereunder shall survive the expiration,
   termination, or completion of these Terms and the transactions hereunder by any Party and shall continue in full force and effect, including the confidentiality and non-use provisions hereof.
   9.4 Interpretation. Unless the context of this Terms clearly requires otherwise, any reference to: (a) the plural includes the singular, the singular the plural, and the part the whole; (b) hereunder, herein, or hereof relates to these Terms as a whole; (c) capitalized terms have the definitions established for them in these Terms; (d) any reference to Applicable Law, the Organization’s website, or these Terms shall mean as any of those are amended from time to time; (e) “and” shall be read to include “or”; (f) “includes” and “including” shall be read to mean “includes, without limitation,” and “including, without limitation,”; (g) the use of “they,” “them,” or “their” is intended to be read as a gender-inclusive to mean a person of any gender and not exclusively a non-binary individual; (h) headings are for convenience only and shall not form a basis for interpreting these Terms in whole or in part.
   9.5 Entire Agreement and Severability: If any provision or portion thereof of these Terms are declared to be invalid by the final, unappealable order of any court of competent jurisdiction, such portion shall be deemed automatically adjusted, if possible, to conform to the requirements for validity, but if adjustment is not possible, it shall be deemed deleted from these Terms as though it had never been included herein. In either case, the remainder of any such provision or portion thereof of these Terms shall remain in full force and effect and the Terms shall be liberally construed or reformed in order to effectuate the intent of the invalid or unenforceable provision. These Terms (including the Application) represent the entire understanding between the Parties hereto about the matters hereunder and these Terms supersede all prior oral and written agreements, communications, and documents between the Parties with respect thereto. The Parties understand, acknowledge, and agree that these Terms are incorporated into the Application by reference and that these Terms govern and control all activities and transactions hereunder.
   9.6 Execution: Signatures on the Application by facsimile, e-mail, or other electronic method shall be deemed to have full force and effect the same as if the facsimile, e-mail, or other electronic signatures were originals.