I. GENERAL PROVISION

The American Homeless Veterans Foundation (“Foundation”) owns and operates www.ahvf.org (“Site”), located on servers in the United States. By visiting and/or using this Site, you agree to the Terms of Use (“Terms of Use” or “Agreement”), as it is amended from time to time. This Agreement contains conditions of use, disclaimers, and other provisions, some of which limit our liability to you. If you do not agree to these Terms of Use or cannot form a legally binding contract, you are not permitted to use this Site.

II. SUBMISSIONS & RESTRICTIONS ON USE

You agree that you are responsible for any submissions you make on this Site. You shall not submit unlawful, defamatory, abusive, obscene, or offensive material. You agree that you will not submit anything to the Site that will or may violate any rights of a third party, including but not limited to copyright, trademark, and/or privacy rights.

You agree that you shall not place false or misleading information on this Site or upload any viruses, Trojan horses, worms, time bombs, or other computer programs that may interfere with the proper operation of this Site.

III. COPYRIGHT & TRADEMARK

Unless expressly noted otherwise, all materials on this Site are protected by copyright, trademarks, service marks, and/or other intellectual property rights held by the Foundation, its initiatives, affiliates, or other parties that have allowed the Foundation to use their materials. All rights not expressly granted are reserved.

If you would like to reproduce, distribute, or use any materials on this Site, please contact:  press@ahvf.org.

IV. DIGITAL MILLENNIUM COPYRIGHT ACT

The Foundation attempts to respond to claims of copyright infringement in a timely manner. If you believe this Site (or any material contained on this Site) is infringing your copyright, please send the following information to press@ahvf.org:

• A description of your copyrighted work, including the United States Copyright Office registration number,
• A description of the material that you believe may be violating your copyright,
• Your address, telephone number, and e-mail address,
• A statement that you have a good faith belief that the use of the copyright is not authorized, and
• A statement that the information you have provided is accurate.

V. LINKS TO OTHER SITES

Links on this Site may connect you to other websites that are not related to the Foundation or under its control. The appearance of links to other sites does not imply an affiliation or endorsement to any of those websites or to any entities associated with or supporting any of those websites, and you access other websites at your own risk.

VI. DONATIONS

All donations made using this Site must be made in compliance with federal, state, and local laws relating to charitable contributions, including but not limited to the U.S. Patriot Act and the IRS Tax Code, as they may be amended from time to time.

VII. SALE OF GOODS IN THE UNITED STATES & CANADA

All products listed for sale on this Site will be delivered only within the United States and Canada. All prices are displayed in U.S Dollars ($). The Foundation reserves the right to change product specifications, availability, and/or pricing without prior notice.

VIII. PRIVACY POLICY

The Foundation’s Privacy Policy is committed to help you understand how the Foundation uses information that is collected from your computer and the information you submit to the website on your visits to this Site. Our Privacy Policy (“Privacy Policy”) is part of these Terms of Use and is incorporated fully herein. To review our Privacy Policy separately, please visit www.ahvf.org/privacy.

IX. MODIFICATION

The Foundation may and will modify any of these Terms of Use, including our Privacy Policy, at any time, for any reason, by making changes to the Terms and/or these postings. Your continued use of this Site, after such modifications, constitutes acceptance of such modifications.

X. DISCLAIMER OF WARRANTIES & LIABILITIES

The Foundation does not guarantee that the functions and contents contained in or on the Site will be without errors, that this Site will be free of viruses, or that any Site defects will be corrected, even if the Foundation is aware of them.

XI. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Foundation, its affiliates, initiatives, members of its Boards, employees, and agents from any and all losses, damages, liabilities, and costs of every nature incurred by any of them in connection with any claim, damage, or loss related to your unlawful, unauthorized, and /or inappropriate use of this Site or any materials contained on this Site.

XII. JURISDICTION

Any dispute rising from these Terms of Use, including our Privacy Policy, shall be construed and enforced in accordance with the laws of the State of Georgia without regard to the principles of conflicts of law. You acknowledge and agree that the courts of the State of Georgia shall have exclusive jurisdiction over any and all such disputes, that you shall submit to that jurisdiction and those courts, and that you expressly waive any and all rights you may have, or that may hereafter arise, to contest the propriety of such choice of jurisdiction and venue, including issues of forum non conveniens.

Conflict of Interest Policy

Article I
Purpose

The purpose of this conflict of interest policy is to protect this tax-exempt organization’s (The American Homeless Veterans Foundation) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

 

Article II

Definitions

 

1. Interested Person:
Any director, principal officer, or member of a committee with governing board delegated powers, who had a direct or indirect financial interest, as defined below, is an interested person.
2. Financial Interest:
A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
a. An ownership or investment interest in any entity with which the Organization has a transaction or arrangement;
b. A compensation arrangement with the Organization or with any entity or individual with which the Organization has transaction or arrangement; or
c. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a transaction or arrangement.

Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.

Article III

Procedures

1. Duty to Disclose:
In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement.

 

2. Determining Whether a Conflict of Interest Exists:

After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.

 

3. Procedures for Addressing the Conflict of Interest:

a. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.

b. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.

c. After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.

d. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.

4. Violations of the Conflicts of Interest Policy:

a. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.

b. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

Article IV

Records of Proceedings

The minutes of the governing board and all committees with board delegated powers shall contain:

a. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.

b. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.

Article V

Compensation

 

a. A voting member of the governing board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.

b. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.

c. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

 

Article VI

Annual Statements

 

Each director, principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person:

a. Has received a copy of the conflicts of interest policy,

b. Has read and understands the policy,

c. Has agreed to comply with the policy, and

d. Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.

 

Article VII

Periodic Reviews

 

To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:

a. Whether compensation arrangements and benefits are reasonable, based on competent survey information and the result of arm’s length bargaining.

b. Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organization’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurnment, impermissible private benefit or in an excess benefit transaction.

 

Article VIII

Use of Outside Experts

 

When conducting the periodic reviews as provided for in Article VII, the Organization may, but need not, use outside advisors. If outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring periodic reviews are conducted.

XIII. CONTACT US

If you have any questions about these Terms of Use, including any particular provision or our Privacy Policy, please send us a message through our contact@ahvf.org .

THE USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE, INCLUDING THE FOUNDATION’S PRIVACY POLICY.