Terms of use

1. Acceptance of These Terms

This website is published by Waveway Foundation Inc., which operates publicly as Humanity Cares. It is a Florida nonprofit corporation and a 501(c)(3) public charity, EIN 33-4547181, recognised as tax-exempt since April 9, 2025, at 5861 SW 14th St, Miami, FL 33144. In these terms, "we", "us" and "our" mean that organisation, "you" means anyone using this site, and "the site" means humanitycaresfoundation.org and every page and feature on it.

These terms are a legally binding agreement between you and us. Read them. Section 15 disclaims warranties, section 16 limits what we can be liable for, section 18 requires you to indemnify us in some circumstances, and section 21 shortens the time you have to bring a claim.

2. Changes to These Terms

We may change these terms at any time. When we do, we update the effective date at the top of this page, and the changed terms apply from the moment they are posted. Continuing to use the site after that means you accept them. If a change is material we will make that plain rather than slip it in quietly. Check this page before relying on anything in it.

3. Who May Use This Site

The site is intended for a general audience and is not directed at children under thirteen. If you are under thirteen, do not send us anything through this site.

To donate, or to submit a beach through our form, you must be at least eighteen and legally able to enter into a contract. Because every payment route requires a valid payment card, we assume that anyone donating is eighteen or over. We are not liable if your child, or anyone else with or without your permission, uses your card to donate.

The site is operated from the United States. If you use it from somewhere else, you do so on your own initiative and you are responsible for complying with your own local law.

4. What This Site Is, and What It Is Not

The site exists to explain who we are, what we do, how to join a cleanup, and how to give. It has no accounts and no logins.

We work to keep the site accurate, but it is published as it stands. Figures, dates, cleanup details and event listings can change or be superseded, and nothing on this site is a promise that a particular event will happen at a particular time or place. Content about the environment, waste, health or community programmes is general information, not a professional opinion.

Nothing on this site is legal, financial, tax or medical advice, and reading it creates no professional relationship of any kind. Talk to your own adviser about the tax treatment of a gift.

5. Permitted Use

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access the site and to view, download and print its content for your own non-commercial use, or for internal use by a school, community group or newsroom writing about our work. Every copy must keep our copyright and credit lines intact.

You are welcome to link to any page on this site, provided the link does not suggest we endorse you, does not present our content as yours, and does not frame the site inside another site in a way that hides where it came from. We can ask you to remove a link and you agree to do so.

Any use beyond this licence needs our written permission first.

6. Things You Must Not Do

You agree not to:

• Break, overload, disable, probe or gain unauthorised access to the site, its servers, or any service behind it, including the systems of our donation provider.
• Scrape, crawl, harvest or bulk-copy the site or any part of it, other than by a search engine obeying our robots directives.
• Use or upload our content into an artificial intelligence system, including for the training, fine-tuning or grounding of a machine learning model, without our written permission.
• Use the site or our name for anything unlawful, misleading, defamatory, harassing or infringing.
• Impersonate the foundation, our founder, our staff, our volunteers or our sponsors, or solicit donations in our name.
• Introduce a virus, worm, or any other malicious or technologically harmful material.
• Circumvent, or attempt to circumvent, any rate limit, security measure or access control on the site.
• Use the site to send unsolicited commercial messages, or to promote a candidate for public office.

7. Our Content, Trademarks and Artwork

The text, photographs, film, artwork, mascots, wordmarks, logos, layout and design of this site are owned by us or by the people who created them for us, and are protected by copyright, trademark and other laws. "Humanity Cares" and our logos and mascots are our trademarks. Nothing on this site grants you a licence to use them.

You may not copy our artwork or branding into your own materials, present our content as your own, or use our name, logo or mascots in a way that implies we endorse, sponsor or are affiliated with you or your product. For press use, a partnership or a sponsorship, email Kelly@HumanityCaresFoundation.org and ask.

Third-party logos on this site, including those of sponsors and partners, belong to their owners and appear with permission.

8. What You Send Us

The site lets you send us things: a beach through the form at /submit-a-beach, a message through the chat bubble, a photo or a story by email, and anything you post on our social channels. This section covers all of it, and we call it a "submission".

You keep ownership of your submission. By sending it, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable licence to use, reproduce, adapt, publish, translate, distribute and display it in any medium, in connection with our charitable work, including on this site, in social posts, in reports and in materials for sponsors and supporters. We may credit you by the name you gave, or not credit you, at our discretion.

You promise that your submission:

• Is yours to send, and does not infringe anyone else's copyright, trademark, privacy or publicity rights.
• Is accurate to the best of your knowledge, particularly the location and condition of a beach you describe.
• Contains nothing unlawful, defamatory, obscene, hateful, harassing or threatening.
• Contains no personal information about anyone other than you, unless they agreed.
• Contains no advertising, chain letter, mass mailing or any form of spam.
• Contains nothing supporting or opposing a candidate for public office, and nothing that attempts to influence legislation, since either would put our tax-exempt status at risk.

We are not obliged to use, publish, keep or return any submission, and we can remove or edit one at any time. Submitting a beach is not a commitment by us to run a cleanup there. We treat suggestions and feedback about the site as non-confidential and free for us to use without owing you anything.

What we do with the personal information in a submission is set out in the privacy policy.

9. Photography and Filming at Our Events

We photograph and film our cleanups and events. Those images are used on this site, in social posts, in press coverage, in grant applications and in materials for sponsors and supporters.

By attending an event we organise, you agree that we may record your image, likeness and voice, and use that recording for the purposes above, without payment. If you would rather not be photographed, tell a member of the crew when you arrive and we will keep you out of frame. If a photograph of you has already been published and you want it taken down, email Kelly@HumanityCaresFoundation.org and we will remove it from anything we control.

A parent or guardian attending with a child is agreeing to this on the child's behalf as well as their own.

To confirm: Whether a written photo release is collected at events, and whether a separate signature is taken for under-eighteens. A signed release at check-in is stronger than the notice above, and it is what an insurer or a sponsor is likely to ask for.

10. Donations

Donations to the Show You Care! campaign are processed by DonorBox, with Stripe behind it. When you give, you are also transacting with those providers under their terms, and their terms govern the payment itself. We never receive or hold your card details. You can also give directly at our DonorBox page.

By donating you confirm that the payment method is yours or that you are authorised to use it, that the information you give is accurate, and that you authorise the charge you selected.

Gifts to the foundation are tax-deductible to the extent allowed by US law. You receive no goods or services in return for a donation unless the acknowledgement we send you says otherwise. Keep the receipt DonorBox emails you. We do not give tax, legal or other professional advice, so speak to your own adviser.

To confirm: The unrestricted-gift language above only defeats a claimed restriction if the donor sees it at the time of the gift, not afterwards in a footer document. A one-line version should be placed on the donate page beside the DonorBox form. That change belongs to whoever owns app/donate/page.tsx, and it is the single most useful protective change on this list.

11. Recurring Gifts and How to Cancel One

DonorBox offers recurring gifts. If you set one up, you authorise us, through DonorBox and Stripe, to charge your payment method the amount you chose at the interval you chose, until you cancel. The amount and interval are shown to you before you confirm and are repeated in the emailed receipt.

To cancel a recurring gift, use whichever is easier:

• The management link in the DonorBox receipt emailed to you when the recurring gift started.
• An email to Kelly@HumanityCaresFoundation.org. We will cancel it and confirm by reply.

Cancel at least three business days before the next scheduled charge. A cancellation takes effect for future charges, not for one already in flight, but if a charge lands after you asked us to stop, tell us and we will refund it.

12. Refunds

We are grateful for every gift. Because of the nature of charitable donations and the records a charity has to keep, donations are generally final and we do not provide refunds once a gift has been received and receipted.

If something went wrong, we will fix it. If you were charged in error, charged twice, charged the wrong amount, or your payment method was used without your authorisation, email Kelly@HumanityCaresFoundation.org within thirty days of the charge with the date and amount. We will investigate and refund any mistaken or unauthorised donation to the original payment method. Contacting us is faster than a chargeback and costs the foundation less.

Nothing here limits a right to a refund that you have under applicable law.

13. Payment Processors and Other Third Parties

The site relies on services run by other companies, and links out to sites we do not control.

DonorBox and Stripe

Process donations. Your payment is a transaction with them, governed by their terms and their privacy policies.

Vercel

Hosts the site and counts page views in aggregate.

LeadConnector, part of GoHighLevel

Carries the chat bubble and receives beach submissions.

Partners, sponsors and social channels

Linked from the site and run entirely by their owners.

We do not control those services or sites, we do not endorse everything on them, and we are not responsible for their content, their availability, their terms or their handling of your information. A link is not an endorsement. Once you are on someone else's site, their terms apply, and any dealing you have with them is between you and them.

14. Copyright Complaints

We respect copyright and we expect the same. If you believe material on this site infringes your copyright, send a written notice to Kelly@HumanityCaresFoundation.org or to the postal address in section 24 containing:

• Your physical or electronic signature.
• Identification of the copyrighted work you say has been infringed.
• Identification of the material on our site that you say is infringing, with enough detail for us to find it, such as the page address.
• Your address, telephone number and email address.
• A statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act for them.

We remove infringing material when a valid notice is received, and we will terminate the access of anyone who repeatedly infringes.

To confirm: The foundation has not designated a DMCA agent with the US Copyright Office. Until it does, the statutory safe harbour is not available no matter what this section says. Registration is inexpensive and is worth doing at the same time as counsel reviews these terms.

15. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. Nothing here excludes a warranty that cannot lawfully be excluded.

16. Limitation of Liability

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. Nothing in these terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

17. Cleanups, Events and Assumption of Risk

Our cleanups are outdoor volunteer events on beaches and in public spaces. Taking part is entirely voluntary and carries the ordinary risks of that setting: sun, heat, dehydration, water, tides, uneven ground, broken glass, sharp and contaminated litter, wildlife, vehicles and other people.

You are responsible for judging whether you are fit to take part, for bringing what you need, for following the instructions of the crew on the day, and for supervising any child you bring. A person under eighteen must be accompanied by a parent or guardian.

We may change, postpone, relocate or cancel an event at any time, including for weather, water quality, permit or safety reasons, and we will give as much notice as we can.

Participation in an event may be governed by a separate waiver and release that you sign when you arrive. Where there is one, it controls what happens at the event, and this website's terms do not replace it, reduce it or stand in for it.

To confirm: Whether the foundation uses a written waiver and release at cleanups, whether a guardian's signature is taken for under-eighteens, and what its general liability insurance covers for volunteers and members of the public. Physical injury at an event is the largest real exposure this organisation has, and a website terms page is not the instrument that manages it. A lawyer should draft the waiver.

18. Indemnification

You agree to indemnify, defend and hold harmless the foundation and its officers, directors, employees, volunteers, agents and contractors from and against any claim, demand, liability, loss, damage, cost or expense, including reasonable legal fees, arising out of or relating to your use of the site, anything you submit to us, your breach of these terms, or your violation of any law or of anyone else's rights. We may take over the exclusive defence of any matter subject to this indemnity, at your expense, and you agree to cooperate with us if we do.

19. Suspension and Termination

We may suspend, restrict or terminate your access to the site, or remove any submission, at any time and without notice, for any reason, including a breach of these terms. We may also change, suspend or discontinue any part of the site at any time.

The sections that by their nature should survive do survive: 7, 8, 9, 15, 16, 17, 18, 20, 21 and 22 remain in force after your use of the site ends.

20. Governing Law and Venue

These terms and any dispute arising out of them or out of your use of the site are governed by the laws of the State of Florida, without regard to its conflict of laws rules. You and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and each of us waives any objection to that venue.

To confirm: That Miami-Dade is the venue the foundation wants named, and whether counsel prefers a binding arbitration clause with a class-action waiver instead. Three of the six large charities we studied use arbitration, three do not. It is a genuine judgment call: it caps litigation cost, and it reads as adversarial to donors. This document deliberately leaves it out until someone decides.

21. Time Limit on Claims

Any claim arising out of or relating to these terms or the site must be brought within one year after the claim arose. After that it is permanently barred, unless the law of your jurisdiction does not permit that limitation, in which case the shortest period it does permit applies.

22. Severability, Waiver, Assignment and Entire Agreement

• Severability. If any provision of these terms is held unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest remains in full force.
• No waiver. If we do not enforce a provision, that is not a waiver of it. A waiver is only effective if we give it in writing.
• Assignment. You may not assign or transfer these terms. We may assign them, without restriction, to a successor organisation or in connection with a merger or transfer of our programmes.
• Entire agreement. These terms and the privacy policy are the entire agreement between you and us about the site, and supersede anything said or written before. A separate signed document, such as an event waiver or a sponsorship agreement, governs its own subject matter.
• No third-party beneficiaries. These terms create rights only for you and us.
• Headings. Section headings are for convenience and do not affect the meaning of what follows them.

23. Florida Charitable Solicitation Disclosure

Waveway Foundation Inc. is a Florida nonprofit corporation and a 501(c)(3) public charity, EIN 33-4547181. Contributions are tax-deductible to the extent allowed by law.

To confirm: Florida law requires charitable organisations soliciting in the state to register with the Department of Agriculture and Consumer Services and to publish a prescribed disclosure, including the registration number and a toll-free number, in every solicitation, this website included. The exact statutory wording and the registration number must go in this section once the foundation's registration status is confirmed. Soliciting without it is the most concrete compliance gap on this page.

24. How to Contact Us

Questions about these terms, or any notice under them, go to:

By email

Kelly@HumanityCaresFoundation.org

By post

Waveway Foundation Inc., 5861 SW 14th St, Miami, FL 33144

EIN

33-4547181

Privacy

What we collect and why is set out in the privacy policy.