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Terms and conditions of your use of the Site

Terms and conditions of your use of the Site

Terms of Use

Terms of Use

Effective Date: 08/27/2025

1. Acceptance of Terms

Welcome to the website of Fletch Scholarship Foundation ("Fletch," "Foundation," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website (the "Site"), including any content, functionality, and services offered on or through the Site, as well as your use of any scholarship application portals, donor portals, and other interactive features accessible through the Site. Fletch Scholarship Foundation is a 501(c)(3) nonprofit corporation organized under the laws of Texas.

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these provisions and our Privacy Policy, together with any other agreements between you and us, all of which are incorporated herein by reference. If you do not agree to these provisions or the Privacy Policy, you must not access or use the Site.

Age Requirement and Parental Consent: You must be at least 15 years old to use this Site. If you are under 18 years old, you must have your parent's or legal guardian's written permission to use the Site, submit scholarship applications, or participate in any Foundation programs. Parents or legal guardians must agree to these Terms on behalf of their minor children and are responsible for monitoring their minor's use of the Site and services.

2. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these provisions at any time. We will indicate the date of the last revision at the top of this page. Your continued use of the Site after any such changes constitutes your acceptance of the new provisions. It is your responsibility to review these provisions periodically for updates.

3. Use of the Site

Permitted Use: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these provisions for any legitimate purpose, including but not limited to:

  • Learning about our scholarship programs and eligibility requirements

  • Submitting scholarship applications through our application portal

  • Accessing donor portal features if you are an authorized donor

  • Reading educational content, blog posts, and Foundation updates

  • Communicating with us regarding scholarships, donations, or partnerships

  • Accessing social media links and following our social pages

  • Conducting due diligence as a representative of an educational institution

  • Making donations to support our scholarship mission

  • Any other lawful purpose related to our educational mission

Prohibited Uses: You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation

  • Access or attempt to access information or any portion of the Site for which you do not have authorization

  • Submit false, misleading, or fraudulent information in scholarship applications or communications

  • Engage in any conduct that could damage, disable, overburden, or impair the Site

  • Use any robot, spider, scraper, or other automated means to access the Site

  • Introduce any viruses, trojan horses, worms, or other malicious code

  • Circumvent any security features of the Site or application portals

  • Harass, intimidate, or threaten other users, Foundation staff, or educational partners

  • Post or transmit any content that is defamatory, obscene, or otherwise objectionable

  • Use the Site for any commercial purpose without our express written consent

  • Misrepresent your identity, age, academic status, or affiliation with any person or entity

  • Submit multiple applications under different identities or provide duplicate submissions

4. User Accounts and Portal Access

Account Registration: To access certain features of the Site, including scholarship application portals and donor portals, you must complete our registration process and be approved for access. You agree to:

  • Provide accurate, current, and complete information

  • Maintain and promptly update your account information

  • Maintain the security and confidentiality of your login credentials

  • Accept responsibility for all activities under your account

  • Notify us immediately of any unauthorized use of your account

Parental Consent for Minors: All scholarship applicants under 18 years old must provide written parental or guardian consent before submitting applications or creating accounts. Parents/guardians are responsible for:

  • Monitoring their minor's use of the Site and services

  • Ensuring accuracy of information submitted on behalf of their minor

  • Complying with these Terms on behalf of their minor child

  • Providing additional consent for any requested testimonials or publicity

Educational Partner Access: School administrators, coaches, and other educational partners may receive special access privileges. Such access is subject to separate partnership agreements and additional terms as applicable.

5. Parental Consent and Minor Protections

Parental Consent for Minors: All scholarship applicants under 18 years old must provide written parental or guardian consent before submitting applications. Parents/guardians are responsible for:

  • Monitoring their minor's use of the Site and services

  • Ensuring accuracy of information submitted on behalf of their minor

  • Complying with these Terms on behalf of their minor child

  • Providing additional consent for any requested testimonials or publicity

Educational Partner Access: School administrators, staff and other educational partners may receive certain access privileges. Such access may be subject to separate agreements and additional terms as applicable.

6. Scholarship Applications and Submissions

Application Content: By submitting a scholarship application, you represent and warrant that:

  • All essays, statements, and written content are your original work

  • You have not plagiarized or copied content from other sources without proper attribution

  • Any submitted materials comply with academic integrity standards

  • You authorize us to verify information with educational institutions and other sources

Selection Process: You acknowledge that:

  • Scholarship selection is competitive and based on merit, need, and community service

  • The Foundation's selection decisions are final and not subject to appeal

  • Not all qualified applicants will receive scholarships due to funding limitations

  • Selection criteria may vary by scholarship program

Application Requirements: Scholarship applications must be complete, accurate, and submitted by applicable deadlines. You acknowledge that:

  • All information provided must be truthful and verifiable

  • Academic records, financial information, and supporting documents may be verified

  • Incomplete or late applications may not be considered

  • The Foundation reserves the right to request additional documentation

Application Content: By submitting a scholarship application, you represent and warrant that:

  • All essays, statements, and written content are your original work

  • You have not plagiarized or copied content from other sources without proper attribution

  • Any submitted materials comply with academic integrity standards

  • You authorize us to verify information with educational institutions and other sources

Selection Process: You acknowledge that:

  • Scholarship selection is competitive and based on merit, need, and community service

  • The Foundation's selection decisions are final and not subject to appeal

  • Not all qualified applicants will receive scholarships due to funding limitations

  • Selection criteria may vary by scholarship program

7. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, scholarship information, educational content, and the design, selection, and arrangement thereof) are owned by Fletch Scholarship Foundation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Fletch Scholarship Foundation name, logo, and all related names, logos, designs, and slogans are trademarks of Fletch Scholarship Foundation. You must not use such marks without our prior written permission.

8. User Content and Submissions

Content Standards: Any content you submit through the Site, including scholarship applications, essays, testimonials, or other materials, must comply with all applicable laws and these Terms. You represent and warrant that you own or have the necessary rights to any content you submit.

License Grant: By submitting content to the Site, you may grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content for the purpose of operating our scholarship programs, promoting our mission, and fulfilling our educational purposes.

Testimonials and Publicity: If you are selected as a scholarship recipient, you may be asked to provide testimonials, participate in publicity materials, or allow use of your name and story in Foundation marketing. Such participation is voluntary but, if you consent, may grant us the right to use such materials in our promotional activities.

9. Privacy and Data Protection

Your use of the Site is governed by our Privacy Policy. By using the Site, you consent to our collection, use, and sharing of your information as described in the Privacy Policy.

Sensitive Information: You acknowledge that we collect and process sensitive information including:

  • Academic records and transcripts

  • Financial information for need-based assessments

  • Personal essays and statements

  • Family and demographic information

  • Social security numbers or tax identification numbers (when required)

You consent to our use of this information to evaluate scholarship applications, administer our programs, and fulfill our educational mission, subject to our Privacy Policy and applicable law.

9. Donations and Financial Transactions

Tax-Deductible Donations: Donations to Fletch Scholarship Foundation will be tax-deductible to the extent permitted by law. We will provide appropriate documentation for tax purposes.

Donor Recognition: Unless you request anonymity, donations may be acknowledged publicly or in Foundation materials. Donor information will be kept confidential unless disclosure is authorized or required by law.

Refund Policy: Donations are generally non-refundable. In extraordinary circumstances, refund requests will be considered on a case-by-case basis.

11. Third-Party Services

Third-Party Integrations: The Site may integrate with third-party applications and services to provide functionality, including without limitation application forms, communication tools, payment processing, content management, and other features related to your use of the website. Your use of any third-party services may be subject to their respective terms and conditions in addition to these provisions.

Third-Party Links: The Site may contain links to third-party websites, including educational institutions, partner organizations, and social media platforms. We are not responsible for the content or practices of any third-party sites.

Social Media: Our social media pages may be operated in accordance with the terms of service of the respective platforms. Content posted on our social media pages may be subject to both these Terms and the terms of the applicable social media platform.

12. Disclaimer of Warranties

THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM SCHOLARSHIP APPLICATIONS OR THAT ANY PARTICULAR APPLICANT WILL RECEIVE A SCHOLARSHIP.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLETCH SCHOLARSHIP FOUNDATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Site or services

  • Any unauthorized access to or use of our servers or any personal information

  • Any interruption or cessation of transmission to or from the Site

  • Any bugs, viruses, or other harmful code transmitted through the Site

  • Any errors or omissions in any content

  • Scholarship selection decisions or application processing

  • Technical difficulties with application submissions

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to indemnify, defend, and hold harmless Fletch Scholarship Foundation, its officers, directors, employees, agents, volunteers, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) that may arise out of or relating to:

  • Your violation of these Terms

  • Your use of the Site or services

  • Your scholarship application or any information provided therein

  • Your violation of any rights of another party

  • Your violation of any applicable law

  • Any content you submit to or through the Site

  • Any false or misleading information you may provide

15. Copyright and DMCA Takedown Procedures

DMCA Copyright Policy: Fletch Scholarship Foundation respects the intellectual property rights of others and expects users of the Site to do the same. We may respond expeditiously to claims of copyright infringement committed using the Site.

Copyright Infringement Notification: If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may provide our Designated Copyright Agent with the following information:

  • A physical or electronic signature of the copyright owner or person authorized to act on their behalf

  • Identification of the copyrighted work claimed to have been infringed

  • Identification of the material claimed to be infringing and information sufficient to permit us to locate the material on the Site

  • Your contact information, including address, telephone number, and email address

  • A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Counter-Notification: If you believe that material you posted was wrongfully removed, you may submit a counter-notification with the required information as specified by the DMCA.

Designated Agent: All DMCA notices should be sent to:

Fletch Scholarship Foundation
Attn: DMCA Agent
Email: info@fletchfoundation.org

16. Dispute Resolution

Governing Law: These provisions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us at info@fletchfoundation.org to attempt to resolve the dispute informally. We may attempt to resolve the dispute informally for at least thirty (30) days before either party may initiate arbitration.

Binding Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these provisions or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Site (collectively, "Disputes") shall be determined by binding arbitration in Texas.

Arbitration Rules and Procedures:

  • The arbitration may be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Expedited Procedures then in effect

  • The arbitration may be conducted before a single neutral arbitrator

  • The arbitrator may be selected in accordance with AAA rules

  • The arbitration proceedings may be confidential

  • The arbitrator's decision may be final and binding

Arbitration Costs: Each party may bear its own costs and attorneys' fees, except that the parties may share equally the arbitrator's fees and AAA administrative fees. However, the arbitrator may award costs and attorneys' fees to the prevailing party if permitted by applicable law.

Small Claims Exception: Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

Class Action Waiver: YOU AND FLETCH SCHOLARSHIP FOUNDATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

17. Termination

We may terminate or suspend your access to the Site and services immediately, without prior notice or liability, for any reason, including without limitation if you breach these provisions. Upon termination, your right to use the Site will cease immediately, but these Terms shall remain in effect with respect to your prior use of the Site.

18. General Provisions

Entire Agreement: These provisions and our Privacy Policy constitute the entire agreement between you and Fletch Scholarship Foundation regarding the Site.

Severability: If any provision of these Terms of Use is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these provisions without our prior written consent. We may assign our rights and obligations without restriction.

Force Majeure: We may not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Fletch Scholarship Foundation
Email: info@fletchfoundation.org