Terms of Use

1. Acceptance and Binding Effect

These Terms of Use (the "Terms") form a binding legal agreement between you and Flexion Foundation, a California 501(c)(3) tax-exempt nonprofit corporation ("Flexion Foundation, " "we," "us," or "our"), and govern your access to and use of the website located at flexionfoundation.organd any related services we provide (together, the "Site"). By accessing, browsing, donating through, or otherwise using the Site in any way, you acknowledge that you have read, understood, and agreed to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site.

2. Definitions

"Content" means information, text, data, descriptions, logos, images, and other material appearing on or made available through the Site. "Donation" means any charitable contribution made to the Foundation. "Restricted Gift" means a donation that the donor has designated for a specific program. "Program" means a category of Foundation work (currently Pro Bono Physical Therapy, Pediatric Therapy, Education, Scholarships, and related activities). "You" or "User" means any person who accesses or uses the Site, regardless of capacity.

3. Nature of the Site — Informational and Donation Portal

The Site provides information about the Foundation, its programs, and opportunities to participate, and allows visitors to make charitable donations. It is not a medical service, not a clinical booking platform, not a credentialing service, and not a licensed healthcare operation. Any direct patient care provided through Foundation programs is delivered by separately licensed clinicians operating under applicable state professional-practice rules.

4. No Medical Advice

NOTHING ON THE SITE CONSTITUTES MEDICAL, CLINICAL, DIAGNOSTIC, OR THERAPEUTIC ADVICE. Content on the Site, including descriptions of programs, conditions, and clinical modalities, is general information only. It is not a substitute for professional medical advice, diagnosis, or treatment from a licensed healthcare provider.

Always seek the advice of a qualified, licensed healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of anything you read on the Site. If you are experiencing a medical emergency, call 911 or your local emergency number immediately.

5. Donations, Tax Deductibility, and Receipts

Flexion Foundation is a 501(c)(3) tax-exempt nonprofit organization under section 501(c)(3) of the Internal Revenue Code. Our EIN is 33-3252902. Donations are tax deductible to the fullest extent permitted by law. We issue a written acknowledgment that meets IRS §170(f)(8) substantiation requirements for any Donation you make. Donors should consult their own tax advisor regarding the deductibility of a particular gift.

Restricted Gifts. When you designate a Donation for a specific Program, those funds will be used only for that Program. If a Program is fully funded or discontinued, we will contact you before reassigning the gift and offer you the option to redirect it to another Program or to request a refund.

Quid-pro-quo disclosures. If you receive goods or services in exchange for a Donation (for example, an event ticket), we will provide the disclosure required by IRC §6115, including a good-faith estimate of the value of what you received. Only the portion of the Donation that exceeds that value is tax deductible.

Non-cash gifts.Gifts of property, equipment, or other non-cash assets require additional paperwork. Non-cash gifts over $500 are reported on IRS Form 8283 and gifts over $5,000 require a qualified appraisal, both of which are the donor's responsibility. We do not provide valuations for non-cash gifts.

6. Refunds

Charitable Donations are generally non-refundable. We will refund a Donation if (a) you made a clerical error (wrong amount, duplicate charge, or selected the wrong Program) and notify us within seven (7) days of the transaction, (b) the Program you restricted the gift to is fully funded or discontinued and you elect a refund rather than a redesignation, or (c) applicable law requires a refund. Send refund requests to donate@flexionfoundation.org with the transaction date, amount, and reason. Refunds void any associated tax receipt; if you already claimed a deduction, you are responsible for correcting your tax filing.

7. Recurring Donations

You may set up a recurring (monthly) Donation. You may change the amount, update your payment method, pause, or cancel a recurring Donation at any time by following the link in your donation receipt or by emailing donate@flexionfoundation.org. Failed payments will be retried according to the payment processor's default schedule; if a payment ultimately fails, we will pause the recurring gift and notify you.

8. Eligibility

The Site is intended for users who are at least eighteen (18) years of age. If you are under 18, you may donate, subscribe, or volunteer only with the involvement of a parent or legal guardian. By using the Site, you represent that you are at least 18 years old or are using the Site under adult supervision.

9. User Conduct and Prohibited Activities

You may access and use the Site for lawful personal, non-commercial purposes, including making a Donation, applying for a scholarship, volunteering, or subscribing to the newsletter. You agree not to:

• scrape, crawl, harvest, data-mine, or otherwise extract Content from the Site at scale, except as expressly permitted by our robots.txt;
• use the Site in any way that violates any applicable federal, state, local, or international law, regulation, rule, or court order;
• submit a Donation using a payment method you are not authorized to use, or engage in any form of payment fraud or chargeback abuse;
• reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas of the Site;
• bypass or attempt to bypass any access control, rate limit, authentication, or security measure;
• upload, submit, or transmit Content that is unlawful, defamatory, fraudulent, infringing, harmful, harassing, threatening, obscene, or intentionally misleading;
• impersonate any person or entity, including falsely representing yourself as a clinician, scholarship applicant, or authorized representative of the Foundation;
• use the Site to send unsolicited commercial email in violation of the CAN-SPAM Act or similar laws;
• use any data obtained from the Site to train, fine-tune, or benchmark any machine-learning or large-language model without our prior express written consent;
• interfere with or disrupt the integrity, performance, or operation of the Site; or
• encourage or enable any third party to do any of the foregoing.

10. Copyright Complaints (DMCA)

We respect the intellectual-property rights of others and comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe your copyrighted work has been infringed on the Site, send a notice including: (a) a physical or electronic signature, (b) identification of the copyrighted work, (c) identification of the allegedly infringing material and its location on the Site, (d) your contact information, (e) a good-faith statement that the use is not authorized, and (f) a statement under penalty of perjury that the information is accurate. Send DMCA notices to donate@flexionfoundation.org with subject line "DMCA Notice." Counter-notices follow 17 U.S.C. § 512(g).

11. Intellectual Property

The Site and its Content, including text, graphics, logos, the "Flexion Foundation" mark, layout, and code, are owned by or licensed to Flexion Foundation and are protected by United States and international copyright, trademark, and other intellectual-property laws. Except as expressly permitted here, no part of the Site may be copied, reproduced, republished, modified, sold, or otherwise exploited without our prior written consent. Third-party marks shown on the Site (partners, donors, program participants) remain the property of the respective owners and appear only as nominative use.

12. Third-Party Links and Content

The Site contains links to third-party websites, including donation platforms, payment processors, partner organizations, and external resources. We do not control and are not responsible for the content, accuracy, privacy practices, or availability of any third-party site or service. Your interactions with third-party sites are governed by their own terms and policies.

13. California Consumer Privacy Rights

If you are a California resident, you have specific rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (Cal. Civ. Code § 1798.100 et seq.), including the right to know, access, correct, delete, and opt out of the sale or sharing of your personal information. Full details are in our Privacy Policy. We do not sell personal information. We also maintain good standing with the California Attorney General's Registry of Charitable Trusts and comply with AB 488 platform-payout requirements.

14. Commercial Email (CAN-SPAM)

Any commercial email we send will comply with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.), including accurate header information, identification as an advertisement where applicable, a valid physical postal address, and a clear opt-out mechanism. Transactional messages such as donation receipts and recurring-gift confirmations are required by IRS substantiation rules and are not subject to opt-out.

15. Disclaimer of Warranties

THE SITE, INCLUDING ALL CONTENT, TOOLS, AND SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

We make no warranty that (a) the Site will meet your requirements; (b) any information obtained through the Site will be accurate, reliable, or suitable for any purpose; (c) the Site will operate without interruption, delay, or error; (d) defects will be corrected; or (e) the Site is free of viruses or other harmful components.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLEXION FOUNDATION OR ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS OPPORTUNITY, OR HEALTH OUTCOMES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR DONATION, OR ANY PROGRAM SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, WHETHER CUMULATIVELY OR PER-CLAIM, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF YOUR DONATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, AND IN THOSE JURISDICTIONS THIS SECTION APPLIES ONLY TO THE EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless Flexion Foundationand its officers, directors, employees, volunteers, agents, affiliates, and licensors from and against any and all claims, demands, actions, damages, losses, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use or misuse of the Site; (b) your violation of these Terms; (c) your violation of any law, regulation, or third-party right, including any intellectual-property or privacy right; and (d) any interaction or dispute between you and any Foundation-affiliated clinician, volunteer, partner, or third party.

18. Release and Waiver of Claims

By using the Site or receiving services through a Foundation Program, you expressly and irrevocably release, waive, and discharge Flexion Foundation and its officers, directors, employees, volunteers, agents, and affiliates from any and all claims, demands, actions, causes of action, damages, liabilities, and expenses of any kind, whether known or unknown, arising out of or in connection with (a) the services provided by any Foundation-affiliated clinician or volunteer; (b) any outcome, result, or consequence of any care you receive through a Foundation Program; and (c) any reliance you place on Content or information on the Site.

If you are a California resident, you expressly waive the protections of California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Nothing in this section waives claims that cannot be waived by law, including professional-liability claims against a licensed clinician for direct clinical care (which remain subject to the clinician's malpractice coverage and applicable state law).

19. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, natural disasters, pandemics, labor disputes, power or network failures, government actions, cybersecurity incidents, or similar events.

20. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including any violation of these Terms. Upon termination, your rights to use the Site cease immediately. Sections intended by their nature to survive termination, including Sections 5, 6, 11, 15, 16, 17, 18, 21, and 22, shall survive.

21. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 22, any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction and venue of such courts.

22. Dispute Resolution — Binding Arbitration, Class-Action and Jury Waiver

Please read this section carefully. It limits the manner in which you can seek relief from Flexion Foundation and waives your right to a jury trial and to participate in a class action.

Informal resolution first. Before initiating arbitration, you must send us written notice of the dispute at donate@flexionfoundation.org describing the nature and basis of the claim and the relief sought. We will have sixty (60) days from receipt to attempt informal resolution.

Binding arbitration.If informal resolution does not succeed, any dispute, claim, or controversy arising out of or relating to these Terms or the Site (a "Dispute") shall be resolved exclusively by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect, with arbitration conducted in Californiaor by videoconference at the arbitrator's discretion. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs interpretation and enforcement. The arbitrator, and not any court or agency, shall have exclusive authority to decide all issues of arbitrability.

Class, collective, and representative action waiver. YOU AND FLEXION FOUNDATIONAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.

Jury trial waiver. YOU AND FLEXION FOUNDATION EACH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO TRIAL BY JURY.

Exceptions.Either party may bring an individual claim in small-claims court for claims within that court's jurisdiction, and either party may seek temporary, preliminary, or permanent injunctive or equitable relief in court for infringement of intellectual-property rights. Claims of professional negligence against a licensed clinician are not subject to this arbitration clause and proceed under applicable state malpractice rules. If the class-action waiver is found unenforceable as to any claim, that claim (and only that claim) shall proceed in court and the remainder of this Section 22 shall remain in effect.

Thirty-day opt-out. You may opt out of this arbitration agreement by sending written notice to donate@flexionfoundation.org with subject line "Arbitration Opt-Out" within thirty (30) days of first using the Site or making your first Donation. Opting out does not affect any other provision of these Terms.

23. Modifications to Site and Terms

We may modify, suspend, or discontinue the Site, in whole or in part, at any time without notice and without liability. We may revise these Terms from time to time by posting an updated version on the Site and revising the Effective Date. Material changes will be flagged where practical. Your continued use of the Site after any revision constitutes acceptance of the revised Terms. If you do not agree to revised Terms, your remedy is to stop using the Site.

24. Miscellaneous

These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Flexion Foundationregarding the Site and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions shall remain in full force. Our failure to enforce any right or provision shall not be a waiver. You may not assign these Terms without our prior written consent; we may assign them freely, including in connection with any merger, reorganization, or dissolution permitted by the Foundation's bylaws. Section headings are for convenience only.

25. Contact

Questions, DMCA notices, arbitration opt-outs, refund requests, and other notices related to these Terms may be sent to donate@flexionfoundation.org.