Terms and Conditions
The Painted Horse Foundation — thepaintedhorsefoundation.org
Effective Date: June 29, 2026
Last Updated: June 29, 2026
1. Acceptance of These Terms
These Terms and Conditions (these “Terms”) govern your access to and use of the website
located at thepaintedhorsefoundation.org (the “Site”), which is operated by The Painted Horse
Foundation, Inc., a Georgia nonprofit corporation (the “Foundation,” “we,” “us,” or “our”). By
accessing or using the Site, making a donation, registering for an event, purchasing tickets or
sponsorships, submitting information through the Site, or otherwise interacting with us through
the Site, you agree to be bound by these Terms and by our Privacy Policy and Cookie Policy,
which are incorporated into these Terms by reference. If you do not agree to these Terms, please
do not use the Site.
We may update these Terms from time to time as described in Section 16. Your continued use of
the Site after any update constitutes your acceptance of the revised Terms.
2. About the Foundation
The Painted Horse Foundation provides support to families experiencing pregnancy and infant
loss.. The Foundation is a private foundation [a tax-exempt organization described in Section
501(c)(3) of the Internal Revenue Code (EIN: 39-4277896).
The Foundation is a separate legal entity from Painted Horse Winery & Vineyards and from any
other business or organization referenced on the Site. References on the Site to Painted Horse
Winery & Vineyards, including references to products sold by the winery that benefit the
Foundation, are provided for informational purposes only. The Foundation does not sell alcohol
through the Site, and any purchase of wine or other products from the winery is a transaction
solely between you and the winery, subject to the winery’s own terms and policies.
3. Eligibility
The Site is intended for a general audience and is not directed to children. You must be at least
18 years of age (or the age of majority in your jurisdiction, if higher) to make a donation, register
for an event, make a purchase, or submit personal information through the Site. By engaging in
any of those activities, you represent that you meet this requirement and that all information
you provide is accurate and complete.
4. Donations
4.1 General
The Site allows you to make one-time and recurring donations to the Foundation. By submitting
a donation, you represent and warrant that: (a) you are authorized to use the payment method
provided; (b) the information you supply is true and accurate; and (c) the funds donated are
your own (or you are duly authorized to donate them) and are not derived from unlawful
activity.
4.2 Recurring Donations
If you select a recurring donation (for example, weekly, monthly, quarterly, or annual), you
authorize the Foundation and its payment processor to charge your designated payment method
automatically at the interval you select, in the amount you select, until you cancel. You may
cancel a recurring donation at any time by contacting us at
contact@thepaintedhorsefoundation.org or by using any cancellation or management link
provided in your donation receipt or confirmation email. Cancellation requests will be applied
prospectively and will not affect charges already processed. If a recurring charge fails, we or our
payment processor may retry the charge in accordance with the processor’s standard practices.
4.3 Optional Fee Coverage
At checkout, you may be offered the option to increase your donation to help offset payment
processing fees the Foundation incurs. This option is entirely voluntary. Any amount you add for
this purpose is an additional charitable donation to the Foundation and is not a fee paid to, or
collected on behalf of, any payment processor.
4.4 Refund Policy for Donations
Donations are generally final and non-refundable. If you believe a donation was made in error —
for example, a duplicate transaction, an incorrect amount, or an unauthorized charge — please
contact us at contact@thepaintedhorsefoundation.org within thirty (30) days of the transaction,
and we will review the request in good faith. Refunds, when granted, are issued in the
Foundation’s reasonable discretion (except where a refund is required by law) and will be
processed to the original payment method. Third-party payment processing fees may not be
recoverable and may be deducted from any refund to the extent permitted by law.
4.5 Use of Donations; Unrestricted Gifts
Unless the Foundation expressly agrees in writing to a specific restriction, all donations are
unrestricted and may be used to further the Foundation’s charitable mission generally, including
program delivery and reasonable administrative and fundraising costs. If a donation is
designated for a specific program or purpose that becomes impracticable, the Foundation may
apply the donation to a substantially similar charitable purpose.
4.6 Tax Deductibility
Donations to the Foundation are tax-deductible to the extent permitted by law.
5. Event Registrations, Tickets, and Sponsorships
5.1 Purchases
The Site may offer registration for events, tickets to events, sponsorship packages, and similar
items. All prices are stated in U.S. dollars. By completing a purchase, you agree to pay the stated
price plus any applicable taxes and fees, and you authorize our payment processor to charge
your payment method for the total.
5.2 Refunds; Changes and Cancellations
Except as otherwise stated at the point of purchase or required by law, event registrations,
tickets, and sponsorships are non-refundable. If the Foundation cancels an event (and does not
reschedule it), we will offer registrants a refund of the registration or ticket price or, at your
option, the ability to convert your payment into a donation. The Foundation may modify event
details, including date, time, venue, course, program, and speakers, and a modification or
rescheduling of an event is not a cancellation. Events may proceed rain or shine unless
conditions are unsafe.
5.3 Participation Requirements; Assumption of Risk
Participation in physical activities such as a 5K run/walk involves inherent risks. Participants
(and, where applicable, parents or guardians of minor participants) may be required to sign a
separate release, waiver of liability, and consent form as a condition of participation.
Registration through the Site does not replace any required waiver. You agree to comply with all
event rules, venue policies, and instructions of event staff, and the Foundation may deny
participation or entry to anyone who fails to do so, without refund except as required by law.
5.4 Silent Auctions
If you participate in a silent auction, each bid is a binding offer to purchase the item at the bid
amount, and the winning bidder is obligated to complete the purchase. Auction items are
provided “as is” and, where donated by third parties, are subject to any terms, restrictions,
expiration dates, or conditions imposed by the donor. As noted in Section 4.6, only the portion
of a winning bid that exceeds the item’s fair market value may be tax-deductible.
6. Payment Processing
Payments on the Site are processed through Squarespace Payments, Squarespace's payment
processing service, which is supported by Stripe, Inc. and its affiliates. The Foundation does not
collect or store full payment card numbers; your payment information is transmitted to and
handled by the payment processor in accordance with its own terms and privacy policies. By
submitting a payment through the Site, you acknowledge that your payment information will be
processed by these providers, and your payment is subject to the terms and policies that apply to
you as a payer, including:
• the Squarespace Privacy Policy, available at
https://www.squarespace.com/privacy;
• the Stripe Consumer Terms of Service, available at
https://stripe.com/legal/consumer; and
• the Stripe Privacy Policy, available at https://stripe.com/privacy.
Payment processing is also subject to the operating rules of the applicable card networks and
payment methods.
You agree not to initiate a chargeback or payment dispute for a legitimate, authorized
transaction without first contacting us to resolve the issue. We reserve the right to dispute any
chargeback we believe to be invalid and to provide the payment processor and card networks
with information relevant to the transaction.
7. Grief Resources; No Professional Advice
The Site provides general information and resources relating to grief, loss, and family support.
This content is provided for informational and supportive purposes only. It is not medical
advice, mental health treatment, counseling, therapy, legal advice, or financial
advice, and it is not a substitute for the judgment of a qualified professional. The
Foundation is not a healthcare provider, and no physician-patient, therapist-client, or similar
professional relationship is created by your use of the Site or by any communication with the
Foundation, its volunteers, or its representatives.
Always seek the advice of a physician, licensed mental health professional, or other qualified
provider with any questions regarding a medical or mental health condition. If you or someone
you know is experiencing a medical emergency, call 911. If you or someone you know is in
emotional crisis or considering self-harm, you can call or text 988 (the Suicide & Crisis Lifeline
in the United States) at any time.
References or links to third-party resources, organizations, or providers do not constitute an
endorsement, recommendation, or guarantee by the Foundation, and the Foundation is not
responsible for the services those third parties provide.
8. Financial Assistance Programs
Information on the Site about the Foundation’s financial assistance and support programs is
descriptive only. Submitting an inquiry or application does not create any entitlement to
assistance. All assistance decisions are made in the Foundation’s sole discretion, in accordance
with its charitable purposes, policies, and available resources, and the Foundation may modify,
suspend, or discontinue any program at any time.
9. Prohibited Uses
You agree to use the Site only for lawful purposes and in accordance with these Terms. Without
limiting the foregoing, you agree that you will not:
• Use the Site in any way that violates applicable law or regulation, or that infringes
the rights of any person;
• Make a donation or purchase using a payment method you are not authorized to
use, or engage in any fraudulent transaction, card testing, money laundering, or similar
activity;
• Submit false, misleading, or deceptive information, or impersonate any person or
entity;
• Interfere with or disrupt the Site, its servers, or its networks, or attempt to gain
unauthorized access to any portion of the Site or any systems or data;
• Use any robot, spider, scraper, or other automated means to access the Site or
harvest data from it, except as permitted by standard search engine indexing;
• Introduce viruses, malware, or other harmful code; or
• Copy, reproduce, or exploit any portion of the Site or its content for commercial
purposes without our prior written consent.
We may investigate suspected violations and may suspend or terminate your access to the Site,
cancel transactions, and cooperate with law enforcement as we deem appropriate.
10. Intellectual Property
The Site and all of its content, including text, graphics, logos, photographs, images, videos, page
designs, and the selection and arrangement of content, are owned by the Foundation or its
licensors and are protected by copyright, trademark, and other intellectual property laws. “The
Painted Horse Foundation,” our logo, and other names and marks displayed on the Site are
trademarks of the Foundation or their respective owners. Nothing in these Terms grants you any
right or license to use any trademark displayed on the Site.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the
Site and its content for personal, non-commercial purposes. Any other use of the Site or its
content requires our prior written permission.
Photographs and stories of families and children that appear on the Site are shared with care
and, where applicable, with permission. Please do not copy, republish, or otherwise use these
materials without our prior written consent.
11. Submissions and Communications
If you submit information to us through the Site (for example, through the contact form, a
volunteer or partnership inquiry, or a request for support), you represent that the information is
accurate and that you have the right to share it. Our collection and use of personal information
is governed by our Privacy Policy. Please do not submit medical records or other highly sensitive
documents through the Site’s general contact form.
If you voluntarily provide us with feedback, suggestions, testimonials, or story submissions and
grant us permission to share them, you grant the Foundation a non-exclusive, royalty-free,
worldwide license to use, reproduce, and display those materials in connection with the
Foundation’s charitable mission, subject to any written agreement between you and the
Foundation and to our Privacy Policy.
By providing your email address or phone number in connection with a donation, purchase, or
inquiry, you consent to receive transactional and administrative communications from us (such
as receipts, confirmations, and responses to your inquiry). Marketing communications, such as
our newsletter, are sent only in accordance with applicable law, and you may opt out at any time
using the unsubscribe mechanism provided in those communications.
12. Third-Party Services and Links
The Site is hosted on the Squarespace platform and uses third-party services, including
Squarespace Payments (supported by Stripe) for payment processing and Flodesk for newsletter
subscriptions (which are collected on a Flodesk-hosted page). Flodesk’s terms and privacy policy
may be reached here, respectively: flodesk.com/legal/terms-of-service and
flodesk.com/legal/privacy-policy.
The Site also contains links to third-party websites and social media platforms, including
Instagram, Facebook, and the website of Painted Horse Winery & Vineyards, and may display
embedded content from those platforms.
Third-party services and websites are governed by their own terms and privacy policies, which
we encourage you to review. The Foundation does not control and is not responsible for the
content, policies, or practices of any third party, and a link or reference on the Site does not
imply endorsement.
13. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT,
MATERIALS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS”
AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE
FOUNDATION DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED,
SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE
OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE FOUNDATION MAKES NO WARRANTY REGARDING THE
ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR RESOURCES ON
THE SITE.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION AND ITS
DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS WILL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, GOODWILL, OR OPPORTUNITY,
ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FOUNDATION AND SUCH
PERSONS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE
TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE
FOUNDATION THROUGH THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE
EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the
above limitations may not apply to you. Nothing in these Terms limits liability that cannot be
limited under applicable law.
15. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the
Foundation and its directors, officers, employees, volunteers, and agents from and against any
claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising
out of or relating to: (a) your violation of these Terms; (b) your violation of applicable law or the
rights of any third party; or (c) your misuse of the Site.
16. Changes to the Site and These Terms
We may modify, suspend, or discontinue the Site (or any part of it) at any time without notice.
We may revise these Terms from time to time by posting the updated version on the Site and
updating the “Last Updated” date above. Material changes will be effective upon posting unless a
later date is stated. Your continued use of the Site after the effective date of any revision
constitutes your acceptance of the revised Terms.
17. Governing Law; Venue; Dispute Resolution
These Terms and any dispute arising out of or relating to them or the Site are governed by the
laws of the State of Georgia, without regard to its conflict-of-laws principles. Before filing any
claim, you agree to first contact us at contact@thepaintedhorsefoundation.org and attempt in
good faith to resolve the dispute informally for at least thirty (30) days. Subject to the foregoing,
any legal action arising out of or relating to these Terms or the Site shall be brought exclusively
in the state courts located in Fulton County, Georgia, and you consent to the personal
jurisdiction and venue of those courts. Each party waives, to the fullest extent permitted by law,
any right to a trial by jury in any such action.
18. Miscellaneous
• Entire Agreement. These Terms, together with the Privacy Policy, the Cookie
Policy, and any additional terms presented at the point of donation, purchase, or
registration, constitute the entire agreement between you and the Foundation regarding
the Site.
• Severability. If any provision of these Terms is held invalid or unenforceable,
that provision will be enforced to the maximum extent permissible and the remaining
provisions will remain in full force and effect.
• No Waiver. Our failure to enforce any provision of these Terms is not a waiver
of that provision or of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written
consent. We may assign these Terms in connection with a reorganization, merger, or
transfer of the Foundation’s operations.
• Survival. Provisions that by their nature should survive termination, including
Sections 10 and 13 through 18, will survive.
19. Contact Us
If you have questions about these Terms, please contact us:
The Painted Horse Foundation, Inc.
9755 Dogwood Rd, STE 344
Roswell, GA 30075