TERMS OF SERVICE

1. USE OF OUR WEBSITE AND SERVICES

Our website and online services may provide information about REAL AMERICANS CORPORATION and its charitable programs, community resources, volunteer opportunities, events, donations, educational materials, organizational activities, and third-party resources.

You may use our website and online services only for lawful purposes and in accordance with these Terms.

Website content is provided primarily for informational and organizational purposes.

To the extent permitted by law, we may modify, restrict, suspend, discontinue, or change any portion of our website, online services, features, or content at any time.

Nothing in these Terms requires REAL AMERICANS CORPORATION to maintain, continue, preserve, or provide any particular website feature, online service, program, resource, functionality, or content except to the extent otherwise required by applicable law or an enforceable written agreement.

2. ELIGIBILITY, CAPACITY, AUTHORITY, AND SUBMITTED INFORMATION

You agree that information you submit will be accurate and will not knowingly be false, fraudulent, materially misleading, or submitted through impersonation of another person.

By entering into these Terms, you represent that you have the legal capacity and authority to enter into a binding agreement to the extent required by applicable law.

If you accept these Terms on behalf of an organization or other legal entity, you represent that you have authority to bind that entity to these Terms, in which case “you” includes that entity to the extent permitted by applicable law.

Individuals under 18 may not independently enter into any agreement, waiver, release, or other legally binding arrangement through our services where applicable law requires consent or authorization from a parent or legal guardian.

Parent or legal-guardian consent or authorization may be required before a minor submits certain information or participates in particular programs, events, volunteer activities, or services.

Programs, services, events, volunteer opportunities, and assistance may have separate eligibility or participation requirements.

Submitting an application, request, registration, inquiry, or other form does not establish eligibility or guarantee assistance, acceptance, participation, placement, or any particular outcome.

REAL AMERICANS CORPORATION may request information reasonably necessary to verify identity, authority, eligibility, representations, or compliance with applicable program requirements, subject to applicable law and our Privacy Policy.

3. COMMUNITY ASSISTANCE AND PROGRAMS

REAL AMERICANS CORPORATION may provide or coordinate charitable assistance, resources, referrals, supplies, educational opportunities, community outreach, and related support.

Assistance is subject to applicable eligibility requirements, available resources, funding, program capacity, organizational priorities, verification requirements, and other relevant conditions.

A request for or receipt of charitable assistance does not create a contractual entitlement to goods, services, benefits, financial assistance, placement, continued support, or future assistance.

To the maximum extent permitted by law, REAL AMERICANS CORPORATION may establish eligibility, verification, distribution, and program requirements and may approve, deny, prioritize, limit, modify, suspend, or discontinue assistance or participation based on program requirements, available resources, safety, fraud prevention, operational needs, organizational priorities, or other legitimate considerations.

We do not guarantee the availability, amount, timing, suitability, continuation, effectiveness, or outcome of any assistance, program, resource, referral, or service.

Nothing in these Terms eliminates any right or obligation that cannot lawfully be waived.

4. DONATIONS AND CONTRIBUTIONS

REAL AMERICANS CORPORATION is recognized by the Internal Revenue Service as tax-exempt under Section 501(c)(3) of the Internal Revenue Code.

By making a donation, you represent that you are authorized to use the funds or payment method provided.

Donations may be processed through independent payment processors, fundraising platforms, financial institutions, or other third-party providers subject to their own terms, policies, and privacy practices.

Unless REAL AMERICANS CORPORATION expressly accepts a donation subject to a specific restriction, donations may be used for any lawful purpose consistent with our charitable mission.

A donor preference, designation, recommendation, comment, or request does not create a legally binding restriction unless REAL AMERICANS CORPORATION expressly accepts the donation subject to that restriction.

Donations are generally voluntary and nonrefundable, except as otherwise required by applicable law, applicable payment-network or financial-institution rules, or an enforceable written agreement.

Requests for refunds of duplicate or erroneous donations should be submitted in writing within 15 days of the transaction. Nothing in this provision limits rights that cannot lawfully be waived or rights available under applicable payment-processor or financial-institution rules.

Suspected unauthorized transactions should be reported promptly to REAL AMERICANS CORPORATION and the applicable payment provider or financial institution.

Contributions may be tax-deductible to the extent permitted by applicable law. The deductibility of a particular contribution depends on applicable law and the donor’s individual circumstances.

Any donation acknowledgment or receipt provided by REAL AMERICANS CORPORATION does not constitute tax, legal, accounting, or financial advice.

REAL AMERICANS CORPORATION may decline, reject, or return a donation when permitted or required by law, including donations inconsistent with our charitable mission, subject to unacceptable restrictions, associated with suspected unlawful activity, or creating unreasonable legal, financial, reputational, or administrative obligations.

REAL AMERICANS CORPORATION will use solicited contributions substantially consistently with the purposes represented in the applicable solicitation and as otherwise required by law.

Required charitable-solicitation disclosures, registrations, notices, or other information may be provided at the point of solicitation or through other locations or materials as required by applicable law.

5. VOLUNTEERS

Submitting a volunteer application, registration, or expression of interest does not guarantee acceptance, assignment, or continued placement.

Volunteer participation may be subject to eligibility requirements, screening, training, supervision, safety procedures, codes of conduct, confidentiality requirements, background checks where appropriate, and separate policies, agreements, waivers, or releases.

Unless expressly agreed otherwise in a written agreement signed by an authorized representative of REAL AMERICANS CORPORATION, volunteer service does not create an employment relationship or entitlement to wages, compensation, employee benefits, reimbursement, or continued placement.

REAL AMERICANS CORPORATION may decline, limit, suspend, reassign, or terminate volunteer participation for legitimate safety, conduct, legal, programmatic, operational, or organizational reasons.

Volunteers must comply with applicable law, organizational policies, safety requirements, event or program rules, confidentiality obligations where applicable, and reasonable instructions from authorized personnel.

Nothing in these Terms replaces, limits, supersedes, or reduces the effect of any separate volunteer agreement, assumption-of-risk agreement, liability waiver, release, confidentiality agreement, code of conduct, or other document applicable to a particular volunteer activity.

6. EVENTS AND PROGRAM PARTICIPATION

REAL AMERICANS CORPORATION may organize, sponsor, participate in, promote, or collaborate on events, volunteer projects, charitable activities, distributions, educational programs, community outreach, and other initiatives.

Participation may be subject to separate registration requirements, eligibility conditions, safety requirements, rules, waivers, releases, or agreements.

Events and programs may be modified, postponed, relocated, limited, suspended, or canceled because of safety concerns, weather, emergencies, operational needs, resource limitations, partner decisions, governmental requirements, or circumstances beyond our reasonable control.

Participants must comply with applicable law, venue requirements, safety instructions, event or program rules, and reasonable directions from authorized personnel.

Participation does not, by itself, create an employment, agency, partnership, joint venture, beneficiary, fiduciary, or contractual relationship with REAL AMERICANS CORPORATION.

Nothing in these Terms replaces, limits, supersedes, or reduces the effect of any separate assumption-of-risk agreement, liability waiver, release, medical authorization, media release, consent, or participation agreement applicable to a particular event or activity.

7. PHOTOGRAPHS, VIDEO, AND MEDIA

REAL AMERICANS CORPORATION may photograph, film, record, or otherwise document public-facing events and organizational activities for legitimate nonprofit purposes, including documenting our work, organizational communications, reporting, education, fundraising, publicity, our website, and social media.

Where required by law or appropriate under the circumstances, separate consent or authorization may be obtained for identifiable individuals, minors, interviews, testimonials, or particular uses.

If you voluntarily submit photographs, videos, recordings, testimonials, stories, or other media for publication, promotion, or organizational use, you represent that you have the right to provide the material and authorize its intended use.

Separate media releases, permissions, or consent requirements may apply to particular participants, programs, events, materials, or uses.

Nothing in this Section waives any right that cannot lawfully be waived or replaces any separate media release, consent, license, or authorization applicable to particular content or uses.

8. USER SUBMISSIONS

You are responsible for information, content, and materials you submit through our website or online services.

By submitting materials, you represent that you have the right to submit them and that they do not knowingly violate applicable law or another person’s intellectual-property, privacy, publicity, confidentiality, contractual, or other legal rights.

When you intentionally submit non-personal content for publication, promotion, organizational storytelling, or public use, you grant REAL AMERICANS CORPORATION a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, publish, and adapt that content for the purpose for which it was submitted and related legitimate nonprofit purposes, unless otherwise agreed in writing.

This license does not override applicable privacy, publicity, intellectual-property, confidentiality, or contractual rights.

Do not submit confidential, highly sensitive, privileged, or legally protected information unless specifically requested through an appropriate method provided by REAL AMERICANS CORPORATION.

Personal information is handled in accordance with our Privacy Policy.

REAL AMERICANS CORPORATION may decline to publish, remove, restrict, archive, preserve, or otherwise manage submitted content where reasonably necessary for legal, safety, security, operational, programmatic, or organizational purposes, subject to applicable law.

9. PRIVACY

Our collection, use, protection, and handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference where applicable.

If these Terms conflict with our Privacy Policy concerning the collection, use, disclosure, protection, or handling of personal information, the Privacy Policy controls on that issue.

Third-party services used in connection with our website, donations, forms, or activities may maintain their own privacy policies and data practices.

REAL AMERICANS CORPORATION is not responsible for independent third parties’ privacy or security practices except to the extent responsibility cannot lawfully be excluded.

Nothing in these Terms expands REAL AMERICANS CORPORATION’s obligations concerning personal information beyond obligations imposed by applicable law, our Privacy Policy, or another enforceable agreement.

10. THIRD-PARTY SERVICES, LINKS, AND REFERRALS

REAL AMERICANS CORPORATION may provide links, referrals, information, directories, introductions, or access to independent third-party organizations, government agencies, nonprofit organizations, businesses, service providers, programs, websites, platforms, or resources.

Unless expressly stated otherwise in writing, identifying, linking to, collaborating with, or referring someone to a third party does not constitute an endorsement, warranty, guarantee, partnership, agency relationship, or representation regarding that third party’s availability, quality, safety, accuracy, qualifications, eligibility requirements, services, decisions, or outcomes.

Third parties operate independently under their own terms, policies, requirements, and privacy practices.

To the maximum extent permitted by law, REAL AMERICANS CORPORATION is not responsible for the independent acts, omissions, decisions, content, services, security, availability, representations, or privacy practices of third parties.

We do not guarantee that any third party will provide assistance, approve an application, determine eligibility favorably, maintain a particular program, provide accurate information, or produce any particular outcome.

Users are responsible for independently evaluating third-party services before relying on them, entering into agreements with them, or providing personal information.

Nothing in a referral, introduction, collaboration, listing, link, or provision of third-party information creates a duty by REAL AMERICANS CORPORATION to supervise, monitor, control, guarantee, or assume responsibility for an independent third party except to the extent such a duty is imposed by applicable law or expressly undertaken in a written agreement.

11. INTELLECTUAL PROPERTY

The website and original content owned by REAL AMERICANS CORPORATION, including its name, logos, trademarks, branding, graphics, written materials, program materials, photographs, videos, designs, and other original content, are owned by or licensed to REAL AMERICANS CORPORATION and protected by applicable law.

Publicly available content may be accessed and used for lawful personal, informational, and noncommercial purposes unless otherwise stated.

Without authorization, you may not:

Reproduce, distribute, modify, publish, sell, license, or commercially exploit protected content except as permitted by law;

Misuse our name, logos, trademarks, branding, or other protected materials;

Falsely imply affiliation, sponsorship, endorsement, approval, or authorization;

Impersonate REAL AMERICANS CORPORATION or its representatives;

Remove proprietary notices from protected materials; or

Use our intellectual property unlawfully, fraudulently, deceptively, or in a manner that infringes our rights.

Nothing in these Terms grants or transfers ownership of REAL AMERICANS CORPORATION’s intellectual property except for the limited permissions expressly stated.

Third-party intellectual property remains the property of its respective owners.

All rights not expressly granted are reserved to the extent permitted by applicable law.

12. PROHIBITED CONDUCT

You may not use our website, online services, forms, programs, resources, or organizational identity to:

Engage in unlawful, fraudulent, deceptive, abusive, threatening, or malicious conduct;

Submit materially false, fraudulent, or misleading information;

Impersonate another person or organization;

Obtain or attempt to obtain charitable assistance through fraud or material misrepresentation;

Harass, threaten, exploit, or harm others;

Infringe intellectual-property, privacy, publicity, confidentiality, or other legal rights;

Introduce viruses, malicious code, or harmful technology;

Gain or attempt to gain unauthorized access to systems, accounts, networks, information, or data;

Interfere with the operation, availability, integrity, or security of our website or services;

Scrape, harvest, or collect information through unauthorized automated means;

Circumvent security or access restrictions;

Falsely represent affiliation with or authorization by REAL AMERICANS CORPORATION; or

Use REAL AMERICANS CORPORATION’s services, resources, name, branding, or identity for unauthorized commercial activity, political campaign activity, fraud, or unlawful purposes.

We may restrict access, remove content, reject submissions, preserve evidence, cooperate with lawful authorities, or take other reasonable action to protect individuals, organizational resources, systems, operations, or the public.

Nothing in this Section limits any other right or remedy available to REAL AMERICANS CORPORATION under these Terms, another enforceable agreement, or applicable law.

13. NO PROFESSIONAL ADVICE OR GUARANTEED RESULTS

Unless expressly stated otherwise, information provided through our website, educational materials, communications, resource listings, or referrals is provided for general informational and charitable purposes.

Such information does not constitute legal, medical, financial, tax, accounting, mental-health, or other licensed professional advice.

REAL AMERICANS CORPORATION does not guarantee:

Approval for benefits, assistance, housing, employment, healthcare, financial assistance, or other services;

Acceptance by any third-party program or organization;

Availability or continuation of resources, programs, donated goods, funding, or services;

Accuracy, completeness, or continued availability of independently supplied information; or

Any particular result from assistance, programs, referrals, resources, or third-party services.

Users should obtain appropriate professional, governmental, or emergency assistance when necessary.

No communication, resource, referral, educational material, or general information provided by REAL AMERICANS CORPORATION creates a professional-client, fiduciary, advisory, medical-provider, attorney-client, financial-adviser, or similar professional relationship unless expressly established through a separate legally enforceable agreement with an appropriately qualified provider.

14. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ONLINE SERVICES, CONTENT, RESOURCES, AND GENERAL INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

REAL AMERICANS CORPORATION does not warrant or guarantee uninterrupted or error-free operation, continuous availability, complete security, freedom from harmful components, or the accuracy, completeness, reliability, or timeliness of information supplied by independent third parties.

No website, internet transmission, electronic communication, or electronic storage system can be guaranteed completely secure or continuously available.

We may modify, restrict, or suspend website functionality for maintenance, security, upgrades, emergencies, operational reasons, or circumstances beyond our reasonable control.

Nothing in these Terms excludes any warranty, duty, right, remedy, or liability that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, no oral or written information, statement, communication, or representation not expressly incorporated into an authorized written agreement creates a warranty or guarantee inconsistent with the disclaimers expressly stated in these Terms.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REAL AMERICANS CORPORATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, AND AUTHORIZED REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, REVENUE, OPPORTUNITY, OR GOODWILL, ARISING FROM OR RELATING TO THE WEBSITE, ONLINE SERVICES, GENERAL INFORMATION, THIRD-PARTY SERVICES OR RESOURCES, OR YOUR USE OF OR INABILITY TO USE THEM, REGARDLESS OF THE THEORY OF LIABILITY, TO THE EXTENT SUCH LIABILITY MAY LAWFULLY BE LIMITED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, THE AGGREGATE LIABILITY OF REAL AMERICANS CORPORATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, AND AUTHORIZED REPRESENTATIVES ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ONLINE SERVICES, OR OTHER SERVICES GOVERNED BY THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY THE CLAIMANT TO REAL AMERICANS CORPORATION IN CONNECTION WITH THE SPECIFIC SERVICE OR TRANSACTION GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100), EXCEPT TO THE EXTENT A DIFFERENT LIMIT IS REQUIRED BY APPLICABLE LAW.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION ARE CUMULATIVE AND APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OR THEORY OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Any limitation or exclusion found unenforceable will be enforced to the maximum extent permitted by applicable law.

This Section does not replace, supersede, narrow, or reduce the protection of any separate liability waiver, release, assumption-of-risk agreement, participation agreement, or other enforceable limitation applicable to a particular event, program, volunteer activity, or service.

To the extent permitted by law, protections provided by this Section and any applicable separate waiver, release, assumption-of-risk agreement, or limitation are cumulative.

16. INDEMNIFICATION AND CERTAIN ENFORCEMENT COSTS

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless REAL AMERICANS CORPORATION and its directors, officers, employees, volunteers, agents, and authorized representatives from and against third-party claims, liabilities, damages, losses, judgments, and reasonable costs and expenses, including reasonable attorneys’ fees, arising from or relating to:

Your unlawful or unauthorized misuse of our website or online services;

Your material violation of these Terms;

Content or materials you submit in violation of another person’s rights;

Your fraud, willful misconduct, or unlawful conduct; or

Your infringement or violation of another person’s legal rights.

REAL AMERICANS CORPORATION may, at its expense, assume exclusive control of the defense of any matter otherwise subject to indemnification, and you agree to reasonably cooperate with that defense.

To the maximum extent permitted by applicable law, you are also responsible for reasonable losses, costs, and expenses incurred by REAL AMERICANS CORPORATION arising directly from your fraud, willful misconduct, unlawful conduct, unauthorized access to systems, infringement of intellectual-property rights, or material violation of these Terms, including reasonable attorneys’ fees and enforcement costs where recovery of such amounts is authorized by applicable law, expressly provided by an enforceable agreement, or awarded by a court or arbitrator of competent jurisdiction.

The obligations in this Section are cumulative to the extent permitted by law and do not limit other rights or remedies available under these Terms, another enforceable agreement, or applicable law.

This provision does not require indemnification, reimbursement, defense, or payment to the extent prohibited by applicable law.

17. SUSPENSION AND TERMINATION

REAL AMERICANS CORPORATION may restrict, suspend, or terminate access to website features, online services, forms, programs, volunteer opportunities, or organizational services for violations of these Terms or applicable policies; fraud or material misrepresentation; threatening, abusive, or dangerous conduct; security risks; unlawful activity; misuse of organizational resources; or legitimate safety, legal, programmatic, or operational reasons.

Where appropriate, we may remove submitted content, reject submissions, preserve relevant information, or take other reasonable protective measures.

To the extent permitted by applicable law, REAL AMERICANS CORPORATION may take immediate protective action without prior notice where reasonably necessary to address fraud, unlawful conduct, safety threats, security risks, unauthorized system access, abuse, interference with operations, or other circumstances requiring prompt action.

Termination or restriction does not affect provisions that by their nature should survive, including provisions concerning intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and other applicable legal terms.

Termination, suspension, or restriction does not waive any accrued right, defense, claim, remedy, obligation, or protection existing before the effective date of such action.

18. PARTNER AND COLLABORATING ORGANIZATIONS

REAL AMERICANS CORPORATION may collaborate with nonprofit organizations, veterans organizations, government entities, community groups, businesses, sponsors, donors, service providers, and other organizations.

Unless expressly established by a written agreement, collaboration, sponsorship, referral, co-participation, or involvement in an event or initiative does not create a legal partnership, joint venture, agency, fiduciary relationship, employment relationship, or authority for one organization to legally bind another.

Each organization remains responsible for its own activities, personnel, representations, policies, decisions, and obligations unless otherwise established by written agreement.

No collaborating organization, sponsor, donor, service provider, volunteer, participant, or other third party has authority to make representations, warranties, commitments, contracts, or obligations on behalf of REAL AMERICANS CORPORATION unless expressly authorized to do so.

The existence of a collaboration, sponsorship, referral relationship, shared event, co-participation, or other organizational relationship does not, by itself, make REAL AMERICANS CORPORATION responsible for the independent acts, omissions, personnel, decisions, representations, obligations, or liabilities of another organization or person to the extent permitted by applicable law.

19. CHANGES TO THESE TERMS

REAL AMERICANS CORPORATION may update these Terms from time to time to reflect changes in our website, services, programs, organizational practices, dispute-resolution procedures, or applicable requirements.

Revised Terms will be posted with an updated effective date.

Material changes will be communicated through additional notice when required by applicable law.

Revised Terms apply prospectively from their effective date to the extent permitted by law.

Any dispute arising from events occurring before revised Terms become effective will be governed by the version applicable to those events unless applicable law or a valid agreement provides otherwise.

REAL AMERICANS CORPORATION may require renewed affirmative acceptance of revised Terms before permitting continued access to or use of particular online services, forms, programs, registrations, transactions, or other services.

Where renewed affirmative acceptance is required, the revised Terms will become binding on the accepting person according to the notice and acceptance presented at that time and applicable law.

Material changes to Section 20 will not retroactively alter the dispute-resolution provisions governing disputes or claims based on events occurring before the effective date of those changes unless the affected parties validly agree otherwise or applicable law requires otherwise.

REAL AMERICANS CORPORATION may maintain prior versions of these Terms and records reasonably relating to their effective dates and acceptance for legal, compliance, evidentiary, administrative, or record-retention purposes.

20. DISPUTE RESOLUTION, BINDING INDIVIDUAL ARBITRATION, AND CLASS-ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR THE LIMITED EXCEPTIONS EXPRESSLY PROVIDED BELOW OR RIGHTS THAT CANNOT LAWFULLY BE SUBJECT TO MANDATORY ARBITRATION, YOU AND REAL AMERICANS CORPORATION AGREE THAT COVERED DISPUTES SUBJECT TO A VALID AGREEMENT TO ARBITRATE WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN A LAWSUIT IN COURT. THIS SECTION ALSO CONTAINS CLASS-ACTION, COLLECTIVE-ACTION, REPRESENTATIVE-ACTION, AND JURY-TRIAL WAIVERS.

A. Informal Notice of Dispute

Before initiating arbitration, the party asserting a dispute must provide the other party with a written Notice of Dispute describing the claimant’s name and contact information, the factual basis of the dispute, the relief requested, and sufficient information to permit a meaningful attempt at resolution.

Notice to REAL AMERICANS CORPORATION must be sent to:

info@realamericanscorporation.org

The parties will attempt in good faith to resolve the dispute informally for at least 30 days after receipt of a complete Notice of Dispute before commencing arbitration, unless immediate relief is necessary to prevent irreparable harm, preserve a claim or remedy, or applicable law requires otherwise.

Any applicable limitations period will be governed by applicable law.

Nothing in this subsection prevents either party from taking action reasonably necessary to preserve a claim, defense, right, or remedy where failure to act would cause that claim, defense, right, or remedy to expire or be irretrievably lost under applicable law.

B. Agreement to Binding Individual Arbitration

Except for disputes expressly excluded below or claims that applicable law prohibits from being subject to mandatory arbitration, you and REAL AMERICANS CORPORATION agree that any dispute, claim, or controversy arising out of or relating to these Terms, the formation or alleged breach of these Terms, the website, online services, donations, submissions, programs, transactions, or services governed by these Terms, or the relationship between you and REAL AMERICANS CORPORATION that is subject to a valid and enforceable agreement to arbitrate will be resolved by final and binding arbitration on an individual basis.

This arbitration agreement is intended to be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, to the extent applicable. To the extent the FAA does not govern a particular issue and state arbitration law applies, applicable Florida arbitration law, including the Florida Revised Arbitration Code where applicable, will govern without displacing any controlling federal law.

The arbitrator may award any individual remedy or relief available under applicable law that a court could award, subject to valid and enforceable limitations contained in these Terms.

This agreement to arbitrate applies to covered disputes regardless of the legal theory asserted, including claims sounding in contract, tort, statute, misrepresentation, or other legal or equitable theory, to the extent such claims may lawfully be subject to arbitration.

C. Arbitration Administrator and Rules

Arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA rules and procedures applicable to the dispute, including the AAA Consumer Arbitration Rules when those rules apply, as modified by this arbitration agreement to the extent such modification is legally permitted and accepted under applicable administrative requirements.

The applicable AAA rules and procedures are incorporated into this arbitration agreement to the extent legally permissible.

REAL AMERICANS CORPORATION will comply with applicable AAA requirements necessary for AAA administration of a covered arbitration.

If AAA is unavailable, unwilling, or legally unable to administer the arbitration, the parties will attempt in good faith to select another nationally recognized arbitration provider capable of administering the dispute consistently with this arbitration agreement.

If the parties cannot agree on a substitute administrator or arbitrator, either party may request that a court of competent jurisdiction appoint an arbitrator or administrator as permitted by the FAA or other applicable law.

The applicable arbitration rules govern procedural matters not addressed by these Terms.

If a conflict exists between this arbitration agreement and applicable arbitration rules, this arbitration agreement will control to the extent legally permitted and administratively enforceable, except where application of a particular rule is mandatory under applicable law or necessary for lawful administration of the arbitration.

D. Arbitration Location and Method

Unless the parties agree otherwise or applicable arbitration rules or law require otherwise, arbitration may be conducted based on written submissions, remotely by telephone or videoconference, or through an in-person hearing when appropriate under the applicable arbitration rules or as determined by the arbitrator.

Subject to applicable law and arbitration rules governing hearing location, any in-person arbitration involving REAL AMERICANS CORPORATION will take place in Broward County, Florida, unless the parties agree otherwise or the arbitrator, administrator, or applicable law requires another location to ensure a fair and legally enforceable proceeding.

Nothing in this subsection prevents the parties from mutually agreeing to another location or method of proceeding.

E. Arbitration Fees and Costs

Arbitration filing, administrative, and arbitrator fees will be allocated according to applicable law and the rules and fee schedules of the arbitration administrator.

REAL AMERICANS CORPORATION will pay all arbitration fees and costs that it is required to pay under applicable law, applicable arbitration rules, or the arbitration administrator’s requirements.

Nothing in these Terms requires a claimant to pay fees or costs in a manner that would make arbitration unlawfully inaccessible or prevent the effective vindication of rights that cannot lawfully be waived.

Nothing in this subsection prevents an arbitrator from awarding, reallocating, or assessing fees, costs, expenses, or attorneys’ fees where expressly authorized by applicable law, applicable arbitration rules, an enforceable agreement, or a legally authorized sanction.

F. Authority of the Arbitrator and Court

Except for questions that applicable law requires a court to decide, the arbitrator will have authority to resolve disputes within the scope of a valid arbitration agreement, including disputes concerning the interpretation, applicability, enforceability, or scope of these Terms or this arbitration provision to the extent those matters may lawfully be delegated to the arbitrator.

A court of competent jurisdiction will decide any issue that applicable law requires to be judicially determined, including whether an agreement to arbitrate was formed where that question is reserved to a court.

Nothing in this subsection creates an agreement to arbitrate where no legally enforceable arbitration agreement was formed.

Subject to matters reserved to courts by applicable law, the arbitrator will have authority to determine the arbitrator’s jurisdiction and award individual remedies authorized by applicable law.

G. Exceptions to Arbitration

Notwithstanding the arbitration requirement, either party may:

Bring an individual claim in a court of competent jurisdiction that qualifies for small-claims jurisdiction, so long as the claim remains individual and within that court’s jurisdiction;

Seek temporary, preliminary, emergency, or provisional injunctive relief from a court when reasonably necessary to prevent imminent or irreparable harm, preserve the status quo, protect rights pending arbitration, or preserve the meaningful availability of arbitration;

Seek judicial relief concerning actual or threatened misuse or infringement of intellectual property, unauthorized access to systems, cybersecurity threats, fraud involving organizational identity, or misuse of organizational identity when judicial relief is legally available and reasonably necessary; or

Pursue any claim, remedy, or proceeding that applicable law prohibits from being subjected to mandatory arbitration.

Seeking permitted judicial relief does not waive arbitration of other arbitrable claims.

To the extent permitted by law, once the need for permitted provisional or emergency judicial relief has been resolved, remaining arbitrable issues will be resolved through arbitration.

H. CLASS-ACTION, COLLECTIVE-ACTION, AND REPRESENTATIVE-ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND REAL AMERICANS CORPORATION AGREE THAT COVERED DISPUTES SUBJECT TO ARBITRATION WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY BRING, JOIN, MAINTAIN, CONSOLIDATE, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION WITH RESPECT TO A COVERED DISPUTE SUBJECT TO ARBITRATION, EXCEPT TO THE EXTENT APPLICABLE LAW PROVIDES A NONWAIVABLE RIGHT TO DO SO.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim, except where applicable law requires otherwise.

To the maximum extent permitted by applicable law, the arbitrator may not consolidate the claims of multiple persons or preside over any form of class, collective, consolidated, or representative proceeding without the express written agreement of all affected parties, except where applicable law requires otherwise.

I. JURY-TRIAL WAIVER

TO THE EXTENT A DISPUTE IS SUBJECT TO A VALID AND ENFORCEABLE AGREEMENT REQUIRING BINDING ARBITRATION, YOU AND REAL AMERICANS CORPORATION KNOWINGLY WAIVE THE RIGHT TO HAVE THAT DISPUTE DECIDED BY A JUDGE OR JURY IN COURT.

For disputes that are not subject to arbitration but for which a jury-trial waiver is independently valid and enforceable under applicable law, each party knowingly and voluntarily waives trial by jury to the maximum extent permitted by applicable law.

Nothing in this subsection waives a jury-trial right that applicable law prohibits from being waived.

J. Arbitration Award and Judicial Enforcement

The arbitrator will issue an award in accordance with applicable arbitration rules and law.

The award will be final and binding except for judicial review expressly permitted by the FAA or other applicable law.

Judgment on an arbitration award may be entered, confirmed, recognized, and enforced in any court having jurisdiction.

Nothing in this subsection expands or contracts judicial review beyond what applicable law permits.

K. Severability of Arbitration Provisions

If any portion of this arbitration agreement is found invalid, illegal, or unenforceable, that portion will be severed, limited, or modified to the minimum extent necessary where legally permitted, and the remainder will remain enforceable to the fullest extent permitted by applicable law.

However, if the prohibition on class or collective arbitration is finally determined unenforceable as to a particular claim and that determination legally permits that claim to proceed on a class or collective basis, that claim will proceed in a court of competent jurisdiction rather than in class or collective arbitration, unless applicable law requires otherwise.

no class, collective, consolidated, or representative arbitration may occur absent an enforceable written agreement expressly authorizing it.

Any claims or portions of claims that remain subject to valid individual arbitration will remain subject to arbitration to the maximum extent permitted by applicable law.

L. Formation, Affirmative Acceptance, and Electronic Assentt

Nothing in this Section creates an agreement to arbitrate where no legally enforceable agreement was formed.

Where REAL AMERICANS CORPORATION presents these Terms through a form, registration, donation process, application, transaction, program, service, or other electronic interface that requires affirmative acceptance, a person may be required, before submission or completion, to affirmatively indicate agreement to these Terms, including this Section 20, through an unchecked checkbox, electronic signature, button, or other affirmative electronic action that clearly communicates acceptance.

To the extent permitted by applicable law, such affirmative electronic action constitutes the person’s manifestation of assent to these Terms, including the agreement to binding individual arbitration and the applicable class-action, collective-action, representative-action, and jury-trial waivers contained in this Section.

REAL AMERICANS CORPORATION may condition completion of particular forms, donations, registrations, applications, programs, services, or transactions on affirmative acceptance of these Terms.

REAL AMERICANS CORPORATION may maintain electronic records concerning notice and acceptance of these Terms, including the date and time of acceptance, the applicable version of the Terms, the transaction, registration, application, donation, or submission associated with acceptance, the acknowledgment presented, and other reasonably maintained records relevant to establishing notice, assent, authenticity, or contract formation.

Such records may be maintained and used to establish notice, acceptance, timing, version, authenticity, or other facts relevant to contract formation or enforcement to the extent permitted by applicable law and applicable rules of evidence.

Nothing in this subsection creates an irrebuttable presumption of assent or overrides any requirement of applicable law concerning contract formation, authentication, electronic signatures, admissibility, or enforceability.

21. GOVERNING LAW AND VENUE FOR NON-ARBITRABLE DISPUTES

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or any website, online service, transaction, program, activity, or service governed by them will be governed by applicable federal law and, to the extent state law applies and is not preempted by federal law, the laws of the State of Florida, without regard to conflict-of-laws principles that would require the application of the substantive law of another jurisdiction.

The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation, applicability, and enforcement of the arbitration agreement contained in Section 20 to the extent applicable. To the extent the FAA does not govern a particular issue and Florida arbitration law lawfully applies, applicable Florida arbitration law will govern as provided in Section 20.

Except for matters subject to binding arbitration under Section 20; matters properly brought in a court having small-claims jurisdiction as permitted by Section 20; proceedings for provisional, emergency, injunctive, or other judicial relief expressly permitted by Section 20; proceedings relating to arbitration that applicable law permits or requires to be brought in another court; proceedings that applicable nonwaivable law requires to be brought in another jurisdiction or forum; or other circumstances in which applicable law requires otherwise, any judicial action or proceeding arising out of or relating to these Terms or any website, online service, transaction, program, activity, or service governed by them that is not subject to binding arbitration shall be brought exclusively in a state court of competent subject-matter jurisdiction located in Broward County, Florida, or, if federal subject-matter jurisdiction independently exists, in the United States District Court having proper jurisdiction and venue over the dispute arising in or otherwise properly venued with respect to Broward County, Florida.

Nothing in these Terms creates, expands, limits, or confers subject-matter jurisdiction upon any state or federal court where such jurisdiction does not otherwise independently exist under applicable law.

To the maximum extent permitted by applicable law, each party irrevocably submits to the personal jurisdiction of the courts designated in this Section for any judicial action or proceeding properly brought there and waives any objection to personal jurisdiction, venue, or inconvenient forum in such courts to the extent such objection may lawfully be waived.

Nothing in this Section waives, limits, supersedes, or otherwise modifies the binding arbitration requirements, exceptions, allocation of authority between courts and arbitrators, or other dispute-resolution provisions contained in Section 20.

Nothing in this Section requires or permits a claim to be filed in a court that lacks subject-matter jurisdiction, personal jurisdiction, or lawful authority over the particular action or proceeding, nor does this Section override any venue, jurisdictional, or forum requirement that cannot lawfully be waived or modified by agreement.

The governing-law and forum-selection provisions of this Section shall survive the termination, expiration, cancellation, suspension, discontinuation, or cessation of these Terms or any relationship governed by them to the extent necessary to resolve any dispute, claim, right, obligation, or proceeding to which they apply and to the maximum extent permitted by applicable law.

22. SEVERABILITY

Except as otherwise specifically provided in Section 20 concerning arbitration, if any provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law and, where legally permitted, severed, limited, or modified to the minimum extent necessary so that the remaining provisions remain in full force and effect.

The invalidity or unenforceability of one provision will not affect any other provision except where applicable law requires otherwise or where the specific severability rules in Section 20 apply.

23. ENTIRE AGREEMENT; ADDITIONAL AGREEMENTS; NO WAIVER

These Terms, together with our Privacy Policy and any additional terms, policies, waivers, releases, consents, authorizations, or agreements expressly applicable to a particular service, transaction, donation, program, event, volunteer activity, or other activity, constitute the applicable agreement between the parties concerning their respective subject matter.

If a specific written agreement applicable to a particular transaction, program, event, activity, or service conflicts with these Terms, the more specific agreement controls with respect to that subject matter to the extent of the conflict unless that agreement expressly provides otherwise.

No failure or delay by REAL AMERICANS CORPORATION in exercising or enforcing any right, power, protection, defense, or remedy constitutes a waiver of that right, power, protection, defense, or remedy.

A waiver is effective only to the extent legally valid and expressly made by a person authorized to make that waiver.

A waiver on one occasion does not constitute a waiver on any other occasion or of any other provision.

24. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of REAL AMERICANS CORPORATION where such restriction is permitted by applicable law.

To the extent permitted by applicable law, REAL AMERICANS CORPORATION may assign or transfer its rights and obligations under these Terms in connection with a lawful merger, reorganization, restructuring, transfer of operations or assets, succession, or similar organizational transaction, subject to any rights or restrictions that cannot lawfully be waived.

Any attempted assignment prohibited by this Section is ineffective to the extent permitted by applicable law.

25. HEADINGS, INTERPRETATION, AND SURVIVAL

Section titles and headings are provided for convenience and organization only and do not limit or control the interpretation of these Terms.

Words such as “including” and “including without limitation” are illustrative and not limiting.

References to “applicable law” include applicable federal, state, and local laws, regulations, legally binding rules, and other legal requirements as relevant to the particular provision.

The expiration, termination, cancellation, suspension, discontinuation, or cessation of these Terms, any covered service, or any party’s use of the website or services will not extinguish any right, remedy, defense, obligation, liability, limitation, protection, or claim that accrued or arose before such event. Sections 7 through 16, Section 17 to the extent applicable to accrued rights and continuing protections, Sections 19 through 26, and any other provision that expressly states or by its nature is intended to survive, will survive to the extent necessary to give such provisions their intended effect and to the maximum extent permitted by applicable law. Without limiting the foregoing, provisions concerning intellectual property, licenses previously granted, disclaimers, limitations and exclusions of liability, indemnification, enforcement costs, preservation of evidence and records, dispute resolution, arbitration, class-action and jury-trial waivers, governing law, venue, severability, accrued rights and obligations, interpretation, and enforcement will survive.

26. CONTACT INFORMATION

Questions, legal notices, or communications concerning these Terms may be directed to:

REAL AMERICANS CORPORATION

info@realamericanscorporation.org