TERMS & CONDITIONS

Backpack Bed for Homeless Inc. EIN: 46-5748662 A 501(c)(3) Nonprofit Organization — Nashville, Tennessee, USA

Website: https://BackpackBed.org/us

1. Acceptance of Terms

By accessing, browsing, or using the website operated by Backpack Bed for Homeless Inc. ("we," "us," "our," or the "Organization") at https://BackpackBed.org/us (the "Website"), including making a donation, subscribing to communications, or submitting any information through the Website, you ("you," "your," or "User") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms").

If you do not agree to these Terms, do not access or use this Website.

We reserve the right to refuse access to the Website to any person at any time, at our sole discretion, without notice or liability.

2. Eligibility

By using this Website, you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater)
• You have the legal capacity to enter into a binding agreement
• If making a donation, you are authorized to use the payment method provided
• You are not prohibited by any applicable law from using this Website or making a donation
• All information you provide to us is truthful, accurate, and complete

If you are using this Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. About the Organization

Backpack Bed for Homeless Inc. is a 501(c)(3) nonprofit organization domiciled in Nashville, Tennessee, dedicated to helping people experiencing homelessness sleeping on the street. Our EIN is 46-5748662. Donations to the Organization may be tax-deductible to the extent permitted under Section 170 of the Internal Revenue Code, subject to the limitations and conditions described in Section 5 below.

4. Use of the Website

4.1 Permitted Use

This Website is provided for lawful purposes only, including learning about our mission, making donations, signing up for communications, and accessing information about our programs and activities.

4.2 Prohibited Use

You agree not to:

• Use the Website for any unlawful, fraudulent, or malicious purpose
• Make donations using stolen, unauthorized, or fraudulent payment methods
• Attempt to gain unauthorized access to any portion of the Website, its servers, systems, or networks
• Introduce viruses, malware, trojans, worms, or any other harmful or destructive code or material
• Use automated systems, bots, scrapers, or similar technologies to access, crawl, or extract data from the Website without our prior written consent
• Interfere with or disrupt the operation, security, or integrity of the Website
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website
• Reproduce, duplicate, copy, sell, resell, distribute, or otherwise exploit any portion of the Website or its content for commercial purposes without our prior written consent
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Website
• Collect or harvest personal information of other users
• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these prohibitions, including reporting such conduct to law enforcement authorities.

5. Donations

5.1 Voluntary Nature

All donations made through this Website are voluntary and made at your sole discretion. Donations are gifts to the Organization and do not constitute payment for goods or services unless expressly stated otherwise.

5.2 Tax Deductibility

Backpack Bed for Homeless Inc. is recognized by the IRS as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Donations may be tax-deductible to the extent permitted by law.

However, we do not provide tax, legal, or financial advice. The tax deductibility of your donation depends on your individual circumstances and applicable law. You are solely responsible for determining the tax implications of your donation and should consult your own tax advisor or accountant. We make no representations, warranties, or guarantees regarding the tax deductibility of any donation.

We will provide donation receipts and acknowledgment letters as required under IRS regulations, but the issuance of a receipt does not constitute tax advice or a guarantee of deductibility.

5.3 Payment Processing

All online donations are processed through third-party payment gateway providers (such as Stripe, PayPal, or other processors). Your payment card details and financial information are transmitted directly to and processed by these third-party providers.

We do not collect, process, store, or have access to your full credit card, debit card, or bank account details.

Your use of third-party payment services is subject to the terms of service and privacy policies of those third-party providers. We do not control, and are not responsible or liable for, the acts, omissions, practices, security, data handling, or legal compliance of any third-party payment processor. You agree to review and accept the terms and policies of any third-party payment service before submitting payment information.

5.4 Donation Confirmation

A donation is considered complete only when we or our payment processor have confirmed receipt of the funds. A confirmation message or email does not guarantee that your payment has been successfully processed. We are not liable for any donation that fails to process due to payment processor errors, declined transactions, insufficient funds, network failures, or any other cause beyond our reasonable control.

5.5 Recurring Donations

If you set up a recurring donation, you authorize us (through our third-party payment processor) to charge your designated payment method at the frequency and amount you specify until you cancel. You may cancel a recurring donation at any time by:

• Contacting our Privacy Officer (Section 17)
• Using the cancellation mechanism provided by the payment processor
• Emailing us via our Website

Cancellation will take effect for the next scheduled payment after we receive and process your request. We are not responsible for any charges processed before your cancellation is effective.

5.6 Refund Policy

All donations are final and non-refundable except in the following circumstances:

• A donation was made as a result of a demonstrable unauthorized or fraudulent transaction
• A clear and obvious processing error occurred (e.g., a duplicate charge for the same donation)

Refund requests must be submitted in writing to our Privacy Officer (Section 17) within 30 days of the transaction date and must include sufficient details and supporting documentation. We will review refund requests on a case-by-case basis at our sole discretion. We reserve the right to deny any refund request. Any approved refund will be processed through the original payment method and may be subject to processing times and fees imposed by the third-party payment provider, which are beyond our control.

5.7 Use of Donated Funds

We will use donations in furtherance of our charitable mission and exempt purposes. While we endeavor to honor donor preferences and designations where practicable, we reserve the right to allocate and redirect donated funds as the Organization's board of directors deems necessary to best serve our mission, including to the Organization's general operating fund, in accordance with applicable law and IRS regulations.

5.8 Currency

All donations are processed in United States Dollars (USD) unless otherwise indicated. If you are donating from outside the United States, your bank or payment provider may apply currency conversion fees or exchange rates, which are your sole responsibility and beyond our control.

6. Intellectual Property

6.1 Ownership

All content, materials, text, images, graphics, photographs, logos, trademarks, service marks, trade names, designs, layouts, software, code, and other intellectual property displayed on or available through this Website (collectively, "Content") are the property of Backpack Bed for Homeless Inc. or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Content on this Website solely for your personal, non-commercial use in connection with learning about and supporting our charitable mission. This license does not include the right to:

• Modify, reproduce, distribute, display, perform, publish, license, create derivative works from, or sell any Content
• Use any Content for any commercial purpose
• Use any data mining, robots, scraping, or similar data-gathering tools on the Content
• Frame or mirror any portion of the Website

6.3 Trademarks

"Backpack Bed for Homeless," "Backpack Bed," and any associated logos, designs, and trade dress are trademarks or service marks of Backpack Bed for Homeless Inc. You may not use our trademarks without our prior written consent.

6.4 User Submissions

If you submit any content, feedback, testimonials, stories, comments, or other materials to us through the Website or otherwise ("User Submissions"), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such User Submissions in any media and for any purpose related to our charitable mission, without obligation to compensate you or seek further consent.

You represent and warrant that you own or have the necessary rights to grant this license and that your User Submissions do not infringe the rights of any third party.

7. Third-Party Websites and Services

This Website may contain links to, or integrations with, third-party websites, platforms, services, or content ("Third-Party Services"), including but not limited to payment processors, fundraising platforms, social media platforms, and analytics providers.

Third-Party Services are not under our control. We do not endorse, sponsor, recommend, or assume any responsibility or liability for:

• The availability, content, accuracy, or completeness of any Third-Party Service
• The privacy practices, data handling, security measures, terms of service, or legal compliance of any Third-Party Service
• Any products, services, transactions, or dealings between you and any third party
• Any loss, damage, or harm arising from your use of or reliance on any Third-Party Service

Your use of any Third-Party Service is entirely at your own risk and subject to that third party's own terms and policies. We encourage you to review the terms and privacy policies of any Third-Party Service before providing personal or financial information.

The inclusion of any link or integration on this Website does not imply our endorsement, affiliation, or association with the linked third party.

8. Disclaimer of Warranties

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND FUNCTIONALITY PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BACKPACK BED FOR HOMELESS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
• ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY CONTENT OR INFORMATION ON THE WEBSITE
• ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE
• ANY WARRANTY REGARDING THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE WEBSITE

We do not warrant that the Website will meet your requirements or expectations. Your use of the Website is at your sole risk.

No advice, information, or statement made by the Organization, whether oral or written, shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACKPACK BED FOR HOMELESS INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, OR AFFILIATES (COLLECTIVELY, THE "ORGANIZATION PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

9.1 Indirect Damages

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF THE ORGANIZATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Specific Exclusions

Without limiting the foregoing, the Organization Parties shall not be liable for any loss, damage, or harm arising from or related to:

• Your use of or inability to use the Website
• Any errors, inaccuracies, omissions, or defects in the Content
• Any unauthorized access to or use of our servers or any personal or financial information stored therein
• Any interruption, cessation, or delay in transmission to or from the Website
• Any viruses, malware, or other harmful components transmitted through the Website by any third party
• The acts, omissions, practices, or policies of any third-party service provider, including payment processors, analytics providers, and hosting services
• Any donation that fails to process, is processed incorrectly, or is subject to fraud
• Any reliance on information or content provided on or through the Website, including information regarding tax deductibility
• Any unauthorized transaction or use of your payment method, whether or not arising from a security breach
• Any loss of data
• Any action taken by us in accordance with these Terms, including termination of access

9.3 Maximum Liability

TO THE EXTENT THAT ANY LIABILITY IS FOUND NOTWITHSTANDING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF THE ORGANIZATION PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU DONATED TO THE ORGANIZATION THROUGH THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

9.4 Essential Basis

You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms are an essential basis of the bargain between you and the Organization, reflect a reasonable allocation of risk, and are a fundamental element of these Terms. The Organization would not provide the Website to you without these limitations.

9.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the Organization's liability and warranties shall be limited to the fullest extent permitted by applicable law. Nothing in these Terms is intended to exclude or limit any liability that cannot be lawfully excluded or limited.

10. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Organization Parties from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Website
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any donation made by you, including any dispute regarding tax deductibility, refunds, chargebacks, or payment processing
• Any User Submission you provide
• Any fraudulent, unauthorized, or illegal activity conducted through your account or use of the Website
• Any misrepresentation made by you
• Any third-party claim arising from your use of the Website

This indemnification obligation shall survive the termination of these Terms and your use of the Website.

11. Privacy

Your use of this Website is also governed by our Privacy Policy, available at https://BackpackBed.org/us. The Privacy Policy explains how we collect, use, store, disclose, and protect your personal information. By using this Website, you consent to the practices described in the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to data handling practices, the Privacy Policy shall control.

12. Website Availability and Modifications

12.1 Availability

We endeavor to maintain the Website, but we do not guarantee that the Website will be available at all times. The Website may be temporarily or permanently unavailable due to maintenance, updates, technical issues, force majeure events, or any other reason. We shall not be liable for any loss or inconvenience arising from any Website downtime or unavailability.

12.2 Modifications to the Website

We reserve the right, at our sole discretion and without notice or liability, to:

• Modify, update, suspend, or discontinue the Website (or any portion or feature thereof) at any time, temporarily or permanently
• Change the Content, layout, functionality, or features of the Website
• Impose limits on certain features or restrict access to parts or all of the Website

12.3 Modifications to These Terms

We reserve the right to modify, amend, or replace these Terms at any time. Changes will be effective when posted on the Website with an updated "Last Updated" date. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

For material changes, we may (but are not obligated to) provide additional notice by posting a prominent notice on the Website or sending an email notification.

13. Force Majeure

The Organization shall not be liable for any failure or delay in performing any obligation under these Terms (including but not limited to the processing of donations, operation of the Website, or delivery of communications) if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions or orders, sanctions, embargoes, fire, flood, earthquake, power outages, internet or telecommunications failures, cyberattacks, strikes, labor disputes, supply chain disruptions, or the failure of any third-party service provider.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us at the address provided in Section 17 and make a good-faith effort to resolve any dispute informally within thirty (30) days.

14.2 Binding Arbitration

If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or any donation made through the Website (collectively, "Disputes") shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules, except as otherwise provided herein.

• The arbitration shall be conducted by a single arbitrator
• The seat of arbitration shall be Nashville, Davidson County, Tennessee
• The arbitration shall be conducted in English
• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise in accordance with applicable law

14.3 Class Action Waiver

YOU AND THE ORGANIZATION AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION against the Organization. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision (other than this sentence) shall be null and void, and the Dispute shall proceed in court subject to Section 15.

14.4 Exceptions to Arbitration

Notwithstanding the above, either party may:

• Seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights
• Bring claims in small claims court in Davidson County, Tennessee, if the claim qualifies

14.5 Opt-Out of Arbitration

You may opt out of the arbitration and class action waiver provisions by sending written notice to our Privacy Officer (Section 17) within 30 days of your first use of the Website. Your notice must include your name, address, and a clear statement that you wish to opt out of binding arbitration. If you opt out, Disputes will be resolved in court as set forth in Section 15.

15. Governing Law and Jurisdiction

These Terms and any Dispute arising out of or in connection with these Terms or your use of the Website shall be governed by and construed in accordance with the laws of the State of Tennessee and the United States of America, without regard to conflict-of-law principles.

To the extent any Dispute is not subject to binding arbitration under Section 14, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee. You waive any objection to venue or jurisdiction in such courts, including any objection based on forum non conveniens.

Nothing in this section limits the right of the Organization to seek injunctive or other equitable relief in any court of competent jurisdiction.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Organization regarding your use of the Website and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

16.2 Severability

If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction or arbitrator, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

16.3 Waiver

No failure or delay by the Organization in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any further or other exercise of that right or any other right. A waiver of any provision must be in writing and signed by the Organization to be effective.

16.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction and without notice to you, including in connection with a merger, acquisition, reorganization, or transfer of assets.

16.5 No Agency or Partnership

Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employment, or fiduciary relationship between you and the Organization.

16.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and the Organization. Nothing in these Terms, express or implied, is intended to confer upon any other person or entity any rights, benefits, or remedies of any nature, except that the Organization Parties are intended third-party beneficiaries of Sections 8, 9, and 10.

16.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

16.8 Survival

The following sections shall survive any termination or expiration of these Terms: Sections 5.6 (Refund Policy), 5.7 (Use of Donated Funds), 6 (Intellectual Property), 7 (Third-Party Websites and Services), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 13 (Force Majeure), 14 (Dispute Resolution), 15 (Governing Law and Jurisdiction), 16 (General Provisions), and any other provisions that by their nature are intended to survive.

16.9 Electronic Communications

By using this Website and providing your email address, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16.10 Accessibility

We are committed to making our Website accessible. If you experience difficulty accessing any portion of our Website, please contact us (Section 17), and we will work with you to provide the information or service you need through an accessible alternative.

17. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, please contact us:

Backpack Bed for Homeless Inc. 603 Cobert Ln, Franklin Nashville, TN 37064 United States

Email us via our website: https://BackpackBed.org/us

By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

Backpack Bed for Homeless Inc. EIN: 46-5748662
Last Updated: 21 February 2026