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Terms and Conditions for making donations and/or ordering inspirational gifts:
- Refund Policy: There are no refund guarantees; all donations with gifts are final. That said, we understand issues happen from time to time; therefore, any refunds given will be reviewed and
evaluated on a per-instance basis. - Shipping Restrictions: At this time, we do not offer international shipping to countries outside of Canada, Australia, and the UK.
- Taxation: Donations are not considered taxable. An additional fee might be added to cover the cost of packaging and shipping a gift thanking you for your donation.
- Shipping Pricing: Shipping prices are calculated based on the total weight, including packaging, of the ordered products via reputable carriers.
- Order Fulfillment: Please allow up to 3 business days for order fulfillment. Although this isn't typical, during busy seasons and high-volume orders, we want to ensure every order is correct and properly packaged for safe shipment.
- Shipping Variability: Shipping times can vary by provider. For Domestic shipments, please contact us for research after 2 weeks of not receiving your product. For International, please contact us for research after 3 weeks of not receiving your product. We do not guarantee shipping times and will only research shipping carriers as identified in this term.
- Promotions: Discounts and/or promotions cannot be combined.
- Shipping Rights: We reserve the right to refuse shipping gifts to any donor. If money has been exchanged, a refund, minus any handling and/or restocking fees, will be given upon termination of customer service.
- Security Measures: Ability Found will never contact you asking for passwords or personal information outside of what is collected when you sign up for an account with us. We utilize third-party credit card processing firms and SSL encryption technology for secure transactions.
- Use of "Cookies" Our Site may use cookies to enhance your experience while using our Site. Cookies are pieces of information that some web sites transfer to the computer that is browsing that Web
site and are used for record-keeping purposes at many Web sites. Use of cookies makes Web-surfing easier by performing certain functions such as saving your passwords, your personal preferences regarding your use of the particular Web site and to make sure you don't see the same ad repeatedly. Many consider the use of cookies to be an industry standard. Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your
browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our Site will not function properly when you view them. - What Information We Collect and How We Use That Information. Our registration forms require users to give us contact information that may include name, email address, format preference (HTML vs. Text), address, interests, and similar information. We do not request or store sensitive information from our visitors, such as credit card numbers.
BY MAKING DONATIONS WITH GIFTS ON OUR WEBSITE, YOU ACCEPT ALL IDENTIFIED TERMS AND CONDITIONS! IF YOU DO NOT ACCEPT ANY OF THESE TERMS AND CONDITIONS, PLEASE CONTACT US AT THIS TIME TO HAVE YOUR ACCOUNT REMOVED AND DEACTIVATED!
Client or “End User” Terms of Use and Waiver
- IT IS RECOMMENDED THAT THE CLIENT OR “END USER” HAVE THEIR ATTORNEY REVIEW THIS DOCUMENT AND ITS CONTENT. THIS DOCUMENT IS NOT INTENDED TO PROVIDE LEGAL ADVICE OR INSTRUCTIONS, BUT RATHER TO OUTLINE THE PROCESS OF DOING BUSINESS WITH ABILITY FOUND (also known as The Ability
Foundation). - ALL INTERACTIONS TO BENEFIT A CLIENT OR AN “END USER” IN ANY WAY MUST BE MADE BY THE PROFESSIONAL SERVICE PROVIDER.
- ANY AGREEMENT MADE BETWEEN THE PROFESSIONAL SERVICE PROVIDER AND THE CLIENT OR “END USER” IS IN NO WAY RELATED TO ABILITY FOUND.
- This agreement is between the Client/”End User” and Ability Found ONLY.
Payment for Equipment and Services
- As the Client/”End User”, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- This equipment and the associated service is provided by a public supported charity, Ability Found. I certify that I have given my Professional Service Provider permission to apply to Ability Found on my behalf for any and all services and equipment.
- Ability Found may require the Client/”End User” to pay a Research Fee associated with the equipment application submitted by the Professional Service Provider. Payment of this fee may be required prior to determining whether or not the Client/”End User” may receive the equipment donation. The Research Fee will not be refunded even if equipment is not donated to the Client/”End User”.
- Ability Found may also require payment by the Client/”End User” of an Equipment Placement Fee related to parts, labor, adjustment, fitting,repairs or shipping of the requested equipment prior to the Client/”End User” receiving the donated equipment.
Standards for Business
As the Client/”End User”, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- They are not board members, management, or employees, and have no contractual relationship, and that they act, provide services, and conduct business completely independent of Ability Found, except as contained in this Equipment Evaluation and Placement Form.
- Before applying to Ability Found for equipment, the Client/”End User” has taken the effort to obtain this equipment and/or services using individual, family, insurance, and government sources of funds.
- Ability Found will strive to deliver equipment and/or service they provide, in an accurate, reliable and timely manner. The Client/”End User” understands that The Professional Service Provider agrees to provide proper fitting, proper training, and proper assessment of both the Client’s/”End User’s” ability to safely operate the equipment, and also the safety of the environment where the Client/”End User” will operate the equipment.
- The exact equipment specified in the Equipment Evaluation and Placement process will be delivered unless otherwise specified. Accessories will not be added that are not beneficial or are unnecessary.
- They will receive a copy of these Terms and Conditions from/of Ability Found upon delivery of the equipment.
- They hereby acknowledge and agree to these Terms and Conditions from/of Ability Found by their use of the equipment.
Standards for Quality Outcome
As the Client/”End User”, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- If this equipment is used in any way other than what is indicated by the manufacturer, by the qualified Professional Service Provider, and/or by the Client/”End User”, the equipment can be detrimental to the health and safety of the Client/”End User” and could even cause death.
- Ability Found does not warrant equipment or devices.
- They hold the responsibility to check with the manufacturer to determine if there is any remaining warranty on the equipment or device from that entity.
- Ability Found does not pay for repairs to the donated equipment.
- Ability Found does not pay for routine or any other maintenance to the donated equipment.
- This equipment will be used by the Client/”End User” according to the manufacturer’s specifications and where necessary under the supervision of a qualified Professional Service Provider.
- The Client/”End User” using this equipment is familiar with the equipment and ensures that it has all necessary parts, which are in proper working order, and that it has the proper manufacturer’s
specifications for weight, size, and features. - Nothing will be done to void the manufacturer’s warranty, and the best effort has been made to ensure that the equipment provided will be beneficial to the Client/”End User”.
- They are familiar with the environment wherein the equipment will be used and will ensure safe and appropriate use within the environment, adjust the equipment to the size, weight, capabilities, and use of the Client/”End User”.
Release of Information, Images, Correspondence, and Name
As the Client/”End User”, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- If this equipment is used in any way other than what is indicated by the manufacturer, by the qualified Professional Service Provider, and/or by the Client/”End User”, the equipment can be detrimental to the health and safety of the Client/”End User” and could even cause death.
- All images and information provided to Ability Found are correct and accurate to the best of their knowledge.
- For charitable/fundraising/administrative purposes, Ability Found and all its personnel/vendors may use the Client’s/”End User’s” images in a photo/video and words in written text and/or audio recording, in relation to the equipment/expertise Ability Found provides, unless the Client/”End User” notifies Ability Found in writing.
- Ability Found does not sell Client/”End User” information or give it away to unauthorized individuals or entities. Ability Found will not share or discuss Client/”End User” information with any other entity, except in relation to the equipment provided.
- They have read and understand the Health Insurance Portability & Accounting Act of 1996 (HIPAA) provided by their Professional Service Provider in relation to the transaction of receiving equipment and fitting.
- By signing the document electronically, the individual is providing consent to Ability Found Terms and Conditions for both themselves and whomever they may be guardian for, i.e., special needs or minor.
Release and Waiver of Legal Action
As the Client/”End User”, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- They hereby waive, release, acquit, and forever discharge Ability Found, a Utah Non-Profit Corporation, its owners, officers, directors, employees, and agents, and each of them individually, and further agree to indemnify such parties from any and all claims, demands, actions, causes of action, damages, liabilities, losses, and judgments arising from or in any way connected to the design, manufacture, repair, material, condition, fitting, placement, adjustments, installation, structural addition, modification, wiring, and/or use of any and all equipment, device(s), or apparatus(es) which are designed by, purchased,repaired, assembled, used, or obtained from Ability Found.
- Any and all disputes between any party signing the agreement and Ability Found will first be submitted to non-binding mediation in Salt Lake County, State of Utah, and to the greatest extent possible, the laws of the State of Utah will be applicable to any dispute between the parties to the agreement.
Professional Service Provider Terms of Use and Waiver
- IT IS RECOMMENDED THAT THE PROFESSIONAL SERVICE PROVIDER HAVE THEIR ATTORNEY REVIEW THIS DOCUMENT AND ITS CONTENT. THIS DOCUMENT IS NOT INTENDED TO PROVIDE LEGAL ADVICE OR INSTRUCTIONS, BUT RATHER TO OUTLINE THE PROCESS OF DOING BUSINESS WITH ABILITY FOUND (also known as The Ability Foundation).
- ABILITY FOUND DOES NOT CONDUCT BUSINESS WITH, PROVIDE EQUIPMENT, OR ASSIST INDIVIDUAL CLIENTS OR “END USERS” IN ANY WAY.
- ALL INTERACTIONS TO BENEFIT A CLIENT OR AN “END USER” IN ANY WAY MUST BE MADE BY THE PROFESSIONAL SERVICE PROVIDER.
- ANY AGREEMENT MADE BETWEEN THE PROFESSIONAL SERVICE PROVIDER AND THE CLIENT OR “END USER” IS IN NO WAY RELATED TO ABILITY FOUND.
- This agreement is between the Professional Service Provider and Ability Found ONLY.
Standards for Business
As the Professional Service Provider, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- They are not board members, management, or employees, and have no contractual relationship, and that they act, provide services, and conduct business completely independent of Ability Found, except as contained in this Equipment Evaluation and Placement Form.
- The Professional Service Provider and Ability Found will strive to deliver equipment and/or service they provide, in an accurate, reliable, and timely manner. The Professional Service Provider agrees to provide proper fitting, proper training, and proper assessment to safely operate the equipment, and also the safety of the environment where the equipment will be operated.
- All services provided to the Professional Service Provider in relationship to the equipment donated by Ability Found are provided exclusively between the Professional Service Provider and Ability Found.
- This document will serve as the final copy of this agreement upon delivery of the equipment.
- The exact equipment specified in the Equipment Evaluation and Placement process will be delivered unless otherwise specified. Accessories will not be added that are not beneficial or are unnecessary.
Standards for Quality Outcome
As the Client/”End User”, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- If this equipment is used in any way other than what is indicated by the manufacturer, by the qualified Professional Service Provider, and/or by the Client/”End User”, the equipment can be detrimental to the health and safety of the Client/”End User” and could even cause death.
- Ability Found does not warrant equipment or devices.
- They hold the responsibility to check with the manufacturer to determine if there is any remaining warranty on the equipment or device from that entity.
- Ability Found does not pay for repairs to the donated equipment.
- Ability Found does not pay for routine or any other maintenance to the donated equipment.
- This equipment will be used by the Client/”End User” according to the manufacturer’s specifications and where necessary under the supervision of a qualified Professional Service Provider.
- The Client/”End User” using this equipment is familiar with the equipment and ensures that it has all necessary parts, which are in proper working order, and that it has the proper manufacturer’s
specifications for weight, size, and features. - Nothing will be done to void the manufacturer’s warranty, and the best effort has been made to ensure that the equipment provided will be beneficial to the Client/”End User”.
- They are familiar with the environment wherein the equipment will be used and will ensure safe and appropriate use within the environment, adjust the equipment to the size, weight, capabilities, and use of the Client/”End User”.
Release of Information, Images, Correspondence, and Name
As the Client/”End User”, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- If this equipment is used in any way other than what is indicated by the manufacturer, by the qualified Professional Service Provider, and/or by the Client/”End User”, the equipment can be detrimental to the health and safety of the Client/”End User” and could even cause death.
- All images and information provided to Ability Found are correct and accurate to the best of their knowledge.
- For charitable/fundraising/administrative purposes, Ability Found and all its personnel/vendors may use the Client’s/”End User’s” images in a photo/video and words in written text and/or audio recording, in relation to the equipment/expertise Ability Found provides, unless the Client/”End User” notifies Ability Found in writing.
- Ability Found does not sell Client/”End User” information or give it away to unauthorized individuals or entities. Ability Found will not share or discuss Client/”End User” information with any other entity, except in relation to the equipment provided.
- They have read and understand the Health Insurance Portability & Accounting Act of 1996 (HIPAA) provided by their Professional Service Provider in relation to the transaction of receiving equipment and fitting.
- By signing the document electronically, the individual is providing consent to Ability Found Terms and Conditions for both themselves and whomever they may be guardian for, i.e., special needs or minor.
Release and Waiver of Legal Action
As the Client/”End User”, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- They hereby waive, release, acquit, and forever discharge Ability Found, a Utah Non-Profit Corporation, its owners, officers, directors, employees, and agents, and each of them individually, and further agree to indemnify such parties from any and all claims, demands, actions, causes of action, damages, liabilities, losses, and judgments arising from or in any way connected to the design, manufacture, repair, material, condition, fitting, placement, adjustments, installation, structural addition, modification, wiring, and/or use of any and all equipment, device(s), or apparatus(es) which are designed by, purchased,repaired, assembled, used, or obtained from Ability Found.
- Any and all disputes between any party signing the agreement and Ability Found will first be submitted to non-binding mediation in Salt Lake County, State of Utah, and to the greatest extent possible, the laws of the State of Utah will be applicable to any dispute between the parties to the agreement.
Professional Service Provider Terms of Use and Waiver
- IT IS RECOMMENDED THAT THE PROFESSIONAL SERVICE PROVIDER HAVE THEIR ATTORNEY REVIEW THIS DOCUMENT AND ITS CONTENT. THIS DOCUMENT IS NOT INTENDED TO PROVIDE LEGAL ADVICE OR INSTRUCTIONS, BUT RATHER TO OUTLINE THE PROCESS OF DOING BUSINESS WITH ABILITY FOUND (also known as The Ability Foundation).
- ABILITY FOUND DOES NOT CONDUCT BUSINESS WITH, PROVIDE EQUIPMENT, OR ASSIST INDIVIDUAL CLIENTS OR “END USERS” IN ANY WAY.
- ALL INTERACTIONS TO BENEFIT A CLIENT OR AN “END USER” IN ANY WAY MUST BE MADE BY THE PROFESSIONAL SERVICE PROVIDER.
- ANY AGREEMENT MADE BETWEEN THE PROFESSIONAL SERVICE PROVIDER AND THE CLIENT OR “END USER” IS IN NO WAY RELATED TO ABILITY FOUND.
- This agreement is between the Professional Service Provider and Ability Found ONLY.
Standards for Business
As the Professional Service Provider, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- They are not board members, management, or employees, and have no contractual relationship, and that they act, provide services, and conduct business completely independent of Ability Found, except as contained in this Equipment Evaluation and Placement Form.
- The Professional Service Provider and Ability Found will strive to deliver equipment and/or service they provide, in an accurate, reliable, and timely manner. The Professional Service Provider agrees to provide proper fitting, proper training, and proper assessment to safely operate the equipment, and also the safety of the environment where the equipment will be operated.
- All services provided to the Professional Service Provider in relationship to the equipment donated by Ability Found are provided exclusively between the Professional Service Provider and Ability Found. This document will serve as the final copy of this agreement upon delivery of the equipment.
- The exact equipment specified in the Equipment Evaluation and Placement process will be delivered unless otherwise specified. Accessories will not be added that are not beneficial or are unnecessary.
Standards for Quality Outcome
As the Professional Service Provider, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- If this equipment is used in any way other than what is indicated by the manufacturer, by the qualified Professional Service Provider, and/or by anyone else, the equipment can be detrimental to the health and safety of the user and could even cause death.
- This equipment will be used according to the manufacturer’s specifications and where necessary under the supervision of a qualified Professional Service Provider.
- The Professional Service Provider using/placing this equipment is familiar with the equipment and ensures that it has all necessary parts, which are in proper working order, and that it has the proper
manufacturer’s specifications for weight, size, and features. - Nothing will be done to void the manufacturer’s warranty, and the best effort has been made to ensure that the equipment provided will be beneficial.
- They are familiar with the environment wherein the equipment will be used and will ensure safe and appropriate use within the environment, will adjust the equipment to the size, weight, capabilities, and use of the end user, and will train the end user on the use of the equipment, and will monitor the use of the equipment while under the Professional Service Provider’s care.
Correct and Accurate Information
As the Professional Service Provider, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- All images and information provided to Ability Found are correct and accurate to the best of their knowledge.
- It is the responsibility of the Professional Service Provider to obtain and secure HIPAA clearance on behalf of the end user.
Correct and Accurate Information
As the Professional Service Provider, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- All images and information provided to Ability Found are correct and accurate to the best of their knowledge.
- It is the responsibility of the Professional Service Provider to obtain and secure HIPAA clearance on behalf of the end user.
Release and Waiver of Legal Action
As the Professional Service Provider, THE UNDERSIGNED UNDERSTAND, CERTIFY, AND AGREE, AND EACH OF THEM INDIVIDUALLY, THAT:
- They hereby waive, release, acquit, and forever discharge Ability Found, a Utah Non-Profit Corporation, its owners, officers, directors, employees, and agents, and each of them individually, and further agree to indemnify such parties from any and all claims, demands, actions, causes of action, damages, liabilities, losses, and judgments arising from or in any way connected to the design, manufacture, repair, material, condition, fitting, placement, adjustments, installation, structural addition, modification, wiring, and/or use of any and all equipment, devices, or apparatus which are designed by, purchased, repaired, assembled, used, or obtained from Ability Found.
- Any and all disputes between any party signing the agreement and Ability Found will first be submitted to non-binding mediation in Salt Lake County, State of Utah, and to the greatest extent possible, the laws of the State of Utah will be applicable to any dispute between the parties to the agreement.
Health Insurance Portability & Accountability Act of 1996 (HIPAA)
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED
AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE
REVIEW IT CAREFULLY AND REPORT ANY GRIEVANCE TO:
ABILITY FOUND
2324 S Constitution Blvd.
West Valley City UT 84119
- The Health Insurance Portability & Accountability Act of 1996 (HIPAA) is a federal program that requires that all medical records and other individually identifiable health information used or disclosed by us in any form, whether electronically, on paper, or orally, are kept properly confidential. This Act gives you, the Patient, significant rights to understand and control how your health information is used. HIPAA provides penalties for covered entities that misuse personal health information.
- We have prepared this "Summary Notice of HIPAA Privacy Practices" to explain how we are required to maintain the privacy of your health information and how we may use and disclose your health information. A Notice of HIPAA Privacy Practices containing a more complete description of the uses and disclosures of your health information is available to you upon request.
- We may use and disclose your medical records for each of the following purposes: treatment, payment, and health care operations:
- TREATMENT: means providing, coordinating, or managing health care and related services by one or more health care providers.
- PAYMENT: means such activities as obtaining payment or reimbursement for services, billing or collection activities and utilization review.
- HEALTH CARE OPERATIONS: include managing your Electronic Medical Record to facilitate diagnostic medical consultations with participating physicians, as well as conducting quality assessment and improvement activities, auditing functions, cost-management analysis and customer service.
- We may contact you to provide information about our services or other health-related services that may be of interest to you. You have the right to ask for restrictions on the ways we use and disclose your health information for treatment, payment, and health care operations.
- You may also request that we limit our disclosures to persons assisting your care. We may use your image in a photo and/or video, and/or your words in written text and/or audio recording using or describing the equipment Ability Found provides or the service we offer. You accept the disclosure of your image or words, by using the service or equipment provided to you by Ability Found. We may also create and distribute de-identified health information by removing all references to individually identifiable information.
- ANY OTHER USES OR DISCLOSURES will be made only with your written authorization. You may revoke such authorization in writing and we are required to honor and abide by that written request.
- YOU HAVE THE RIGHT to request that you receive communications containing your protected health information from us by alternative means or at alternative locations. For example, you may ask that we only contact you at home or by mail.
- Except under certain circumstances, you have the right to inspect and copy medical, billing, and other records used to make decisions about you. If you ask for copies of this information, we may charge you a nominal fee for copying and mailing. If you believe that information in your records is incorrect or incomplete, you have the right to ask us to correct the existing information or add missing information. Under certain circumstances, we may deny your request, such as when the information is accurate and complete. You have a right to receive a list of certain instances when we have used or disclosed your medical information. If you ask for this information from us more than once every twelve months, we may charge you a fee.
Matthew and Eleanor Statue – Website Trademark and Copyrights
- Ability Found ® and The Ability Foundation ® 2010 Ability Found Corporation. All rights are reserved. Use of these words without the written permission of the trademark owner is prohibited.
- The Matthew Statue (Boy rising out of a wheelchair with one foot resting on the wheelchair seat and the other resting on the wheelchair arm, one arm bent with a disabled hand and the other arm straight rising with fingers upward, face looking upwards), including sculptures, images, three dimensional or two dimensional reproductions, in full or part © 2000 Ernest P. Robison. All rights are reserved. Making copies or reproductions without the written permission of the copyright owner is prohibited.
- The Eleanor Statue (Girl rising out of a wheelchair with one foot resting on the wheelchair seat and the other resting on the wheelchair arm, one arm bent with a disabled hand and the other arm straight rising with fingers upward, face looking upwards), including sculptures, images, three dimensional or two dimensional reproductions, in full or part © 2021 Ernest P. Robison. All rights are reserved. Making copies or reproductions without the written permission of the copyright owner is prohibited.
AbilityFound.org website (Including symbols, words, text, and pictures) © 2015 Ability Found Corporation. All rights are reserved. Making copies without the written permission of the copyright owner is prohibited