Ellen Meadows Prosthetic Hand Foundation (EMPHF)
Adopted by EMPHF Board on: 05/18/2023; Created Date: 05/03/2023

These Terms and Conditions of Use and our Privacy Policy (together, this “Agreement”) describe the terms and conditions on which The Ellen Meadows Prosthetic Hand Foundation, a 501(c)(3) nonprofit, with offices at 2600 Reynolds Ranch Parkway STE 140 #144, Lodi, CA 95240 or one or more of its affiliates (collectively, “EMPHF,” “we,” “us” or “our”) offers you access to www.LN4handproject.org and www.LN4hand.org or any related website or service in or to which this Agreement is linked or referenced (collectively, the “Services”).

Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between EMPHF and you.

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
• YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
• YOU WILL COMPLY WITH THIS AGREEMENT; AND
• YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT

If you do not agree to any term of this Agreement, please do not use the Services.

1. Changes to Terms
The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. We will provide you with advance notice of material revisions to this Agreement. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.

2. Additional Terms
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.

3. EMPHF Content
EMPHF and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “EMPHF Content”). The names "Ellen Meadows Prosthetic Hand Foundation," “The LN4 Hand Project,” and corresponding logos and other trademarks used in the Services are trademarks of EMPHF or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by EMPHF that appear in the Services are the property of their respective owners.
If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy EMPHF Content solely for your own personal use.

Except for content that is in the public domain or unless the EMPHF provides you with written authorization to do so, you may not:
• Incorporate any EMPHF Content into any other work (such as your own website) or use EMPHF Content in any public or commercial manner;
• Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell EMPHF Content in any form or by any means;
• Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the EMPHF; or
• ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).

EXCEPT FOR EMPHF CONTENT PROVIDED BY US OR OUR AGENTS, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY. EMPHF is an independent, nonpartisan organization. EMPHF takes no institutional positions on policy issues. References to specific nonprofit, private, or government entities are not an endorsement.

4. Using the Services
Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.

Your Account: You are required to create an account to use certain features of the Services. EMPHF offers one type of account (your “Account”):
• Sport Engine account

You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. EMPHF treats access to the Services through your account credentials as authorized by you. Any access, activity, or purchases made by an authorized business user account will be treated as authorized by the associated registered linked business account. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. EMPHF may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify EMPHF using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.

Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.

Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.

By agreeing to receive text messages, you understand and agree that EMPHF may use an automatic dialing system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services.
We do not guarantee availability of the Services at all times of the day. EMPHF may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our donor agreements, EMPHF has no obligation to provide access to or support for the Services.

Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only. You agree that you will not (and you agree not to encourage or allow any third party to):
• Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts, or EMPHF’s computer systems or networks,
• Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
• Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
• Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
• Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
• Use the Services to advertise, buy or sell any products or services without approval of the Board of Directors of EMPHF;
• Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
• Reformat or frame any portion of the web pages that are part of the Services without EMPHF’s written consent;
• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
• Create an Account under fraudulent pretenses; or
• Collect or store Personal Data (as defined in the Privacy Policy) about any other user without his or her express prior written consent.

5. Contests
From time to time, EMPHF may offer you the opportunity to participate in challenges or other contests (collectively, “Contests”). You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Contest. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM EMPHF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We reserve the right to modify, terminate or suspend the availability of Contests and to correct errors or inconsistencies in Contest-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to be bound by our decisions, which are final and binding in all matters relating to Contests. Contests are subject to all applicable federal, state and local laws, rules and regulations. Contests are void where that they are prohibited, restricted or taxed.

BY PARTICIPATING IN A CONTEST, YOU AGREE TO RELEASE EMPHF AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.

6. Disclaimer of Warranties
EMPHF warrants that EMPHF has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, EMPHF SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. EMPHF specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. EMPHF does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by EMPHF or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

7. Limitation of Liability
YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST EMPHF ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ENHANCED OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, DIMINUTION IN VALUE, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF EMPHF KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that EMPHF would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

8. Dispute Resolution
If you have a complaint about the Services, please contact EMPHF via email at LN4project@gmail.com.

YOU AND EMPHF ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or this Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR EMPHF WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

9. Governing Law and Jurisdiction
This website is operated from the US. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

10. International Use
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to the transfer of certain information outside your home country to us and that you will follow all the laws that apply to you.
EMPHF’s servers, applications, cloud services, and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all applicable local laws, rules, and regulations, including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject EMPHF or its affiliates to any registration requirement within such jurisdiction or country.

11. Termination
You may terminate your Account at any time for any reason effective upon written notice to EMPHF. EMPHF reserves the right immediately to suspend or terminate your access to the Services without notice if EMPHF believes you violated this Agreement.

12. Links to Other Websites and Services
The Services contain links to other websites and services that we think may interest you (collectively, “Linked Services”). Linked Services are not under the control of EMPHF and EMPHF is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by EMPHF of the Linked Services or any association with the operators of the Linked Services. EMPHF does not investigate, verify or monitor the Linked Services. EMPHF provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

13. General Terms
• This Agreement (i) inures to the benefit of and will be binding upon EMPHF and you and your successors and assigns, respectively, and (ii) may be assigned by EMPHF but you may not assign this Agreement without the prior express written consent of EMPHF.
• This Agreement contains the entire understanding by and between EMPHF and you with respect to the subject matter described herein.
• If any provision of this Agreement is or becomes unenforceable or invalid in whole or in part, the remaining provisions (or portions thereof) will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
• If at any time EMPHF fails to strictly enforce any term of this Agreement, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
• Nothing contained in this Agreement will be deemed to constitute EMPHF or you as the agent or representative of the other or as joint ventures’ or partners.
• The headings and captions contained herein are for convenience only.
• This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.

14. Question About the Services
If you have a question about the Services, please contact EMPHF via email at LN4project@gmail.com

For downloaded version, please see here.

Ellen Meadows Prosthetic Hand Foundation
2600 Reynolds Ranch Parkway STE 140 #144, Lodi, CA 95240
www.Ln4handproject.org // Ln4project@gmail.com
EIN 20-4569013

Ellen Meadows Prosthetic Hand Foundation (EMPHF)

Adopted by EMPHF Board on: 05/18/2023

Created on: 05/03/2023

It is the policy of EMPHF to encourage employees to notify an appropriate government or law enforcement agency when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a state or federal rule or regulation.

Who is protected?

Pursuant to California Labor Code Section 1102.5, employees are the protected class of individuals. —Employee “means any person employed by an employer, private or public, including, but not limited to, individuals employed by the state or any subdivision thereof, any county, city, city and county, including any charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or the University of California.”[California Labor Code 1106]

What is a whistleblower?
A “whistleblower” is an employee who discloses information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses:

What protections are afforded to whistleblowers?

1. An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower.
2. An employer may not retaliate against an employee who is a whistleblower.
3. An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of a state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.
4. An employer may not retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment.

Under California Labor Code Section 98.6, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee‘s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law .

How to report improper acts

If you have information regarding possible violations of state or federal statutes, rules, or regulations, Or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees, call the California State Attorney General’s Whistleblower Hotline at 1-800 -952 -5225. The Attorney General will refer your call to the appropriate government authority for review and possible investigation.

For downloaded version, please see here.

Ellen Meadows Prosthetic Hand Foundation
2600 Reynolds Ranch Parkway STE 140 #144, Lodi, CA 95240
www.Ln4handproject.org // Ln4project@gmail.com
EIN 20-4569013

Ellen Meadows Prosthetic Hand Foundation (EMPHF)

Adopted by EMPHF Board on: 05/18/2023; Created on: 05/03/2023

EMPHF shall provide efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use and disposition of all records.

Records are maintained and stored on a fiscal year basis. Documents in electronic format shall be maintained just as hard copy or paper documents are, in accordance with the document retention schedule.

Confidentiality of sensitive information contained in both electronic and physical copy files is maintained by limiting access to the following types of documentation:
● Board member records
● Personnel records
● Volunteer records
● Donor records
● Salary information
● Complaint Records are documented on a controlled form and maintained for seven years

Records Release Policy:
In the event that EMPHF is served with a subpoena or court order, or in the event that any employee becomes aware of a government investigation or the commencement of any litigation against or concerning EMPHF, such employee shall inform the Executive Director (or functional equivalent). The Executive Director (or functional equivalent) will notify the Executive Committee or the Board of Directors, and if determined necessary, seek the advice of counsel for appropriate action. Notice of any governmental or grantor audit will be provided to the Board of Directors, and the Executive Director (or functional equivalent) in coordination with the Board of Directors will provide a response.

Public Access to Records:
EMPHF retains and makes available for public inspection the following documents:
● Original IRS Form 1023 - application for exempt status
● Form 990 or 990 EZ - annual information return
Form 990 is made available to the public on EMPHF website. Form 1023 is available upon request from the Executive Director (or functional equivalent) of EMPHF.

Record Retention Periods and Document Chart:
Record retention periods vary depending on types of records and returns.

Permanent Records - Some records should be kept permanently. These include the application for recognition of tax-exempt status, the determination letter recognizing tax-exempt status and organizing documents, such as articles of incorporation and bylaws, with amendments, as well as board minutes and committee minutes.

Employment Tax Records - EMPHF must keep employment tax records for at least four (4) years after filing the fourth quarter for the year.

Records for Non-Tax Purposes - When records are no longer needed for tax purposes, an organization should keep them until they are no longer needed for non-tax purposes. For example, a grantor, insurance company, creditor or state agency may require that records be kept longer than the IRS requirement.

See Record Retention Periods and Document Chart.

*The retention requirement includes, if applicable, books of original entry, source documents, supporting accounting transactions, the general ledger, subsidiary ledgers, personnel and payroll records, cancelled checks, and related documents and records.
● Source documents may include copies of all awards, applications, and required recipient financial and narrative reports.
● Personnel and payroll records must include the time and attendance reports for all full-time and/or part-time individuals reimbursed under the award.
● Time and effort reports are also required for consultants.

Records will be retained in accordance with grant funding received by EMPHF when funder guidelines are more strict than those outlined above.

Records Retention Guidance:
**There are several exceptions to the record retention requirement as follows:
1. If any litigation, claim, or audit is started before the expiration of the year period, the records must be retained until all litigation, claims, or audit findings involving records have been resolved and final action taken.
2. When the subgrantee is notified, the Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
3. Records for real property or equipment must be retained for 3 years after final disposition.
4. Records for program income transactions after the period of performance: In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the subgrantee’s fiscal year in which the program income is earned.

Records may be retained in an automated format. Copies of relevant records including the following must be retained for the required retention period:
1. Approved grant application
2. Award letter
3. Approved project modification requests
4. Fiscal reports
5. Progress reports
6. Pre-incurred cost approvals
7. Personnel information
1. Payroll records
2. Staff assignments
3. Time reports and certifications (time sheets)
4. Payroll tax reports
5. Documentation for fringe benefits
6. Job descriptions
8. Consultants, contract services, equipment, supplies, renovations and construction
1. Purchase orders
2. Contracts and bid documents
3. Invoices
4. Receiving vouchers
5. Sole source approvals
6. Inventory lists
7. Equipment records updated through date of disposition
9. Travel
1. Travel authorizations
2. Travel vouchers
3. Payment records
10. Banking information
1. Cash verifications
2. Receipts documentation
3. Check register
4. Canceled checks
5. Bank statements
11. Miscellaneous
1. Leases
2. Statistical information on goals and achievements
3. By- laws of private agencies
4. Listing of board of directors of private agencies
5. Checks and other payment authorizations
12. Accounting records
1. General Ledger
2. Subsidiary Ledgers
3. Journals
4. Chart of accounts
5. Checks and other payment authorizations
13. Audit
1. A copy of all pertinent audit reports
2. All correspondence to resolve any audit findings
14. Description of the Program and its activities in sufficient detail to justify expenditures.

For downloaded version, please see here.

Ellen Meadows Prosthetic Hand Foundation
2600 Reynolds Ranch Parkway STE 140 #144, Lodi, CA 95240
www.Ln4handproject.org // Ln4project@gmail.com
EIN 20-4569013

Ellen Meadows Prosthetic Hand Foundation (EMPHF)
Conflict of Interest Policy (For Board Members)

Adopted by EMPHF Board on: 05/18/2023; Created on: 05/03/2023

ARTICLE I
Purpose

The purpose of the conflict of interest policy is to protect EMPHF’s (the “Organization”) 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. Conflict of Interest. This policy applies to: Any director, principal officer, or member of a committee with governing board delegated powers, who has a financial, personal, or professional interest that could be perceived as affecting one’s ability to act in the best interest of the organization. A potential conflict of interest arises when a Director or that person’s relative or business: (a) stands to gain a financial benefit from an action the Corporation takes or a transaction into which the Corporation enters; or (b) has another interest that impairs, or could be seen to impair, the independence or objectivity of the director, officer or key person in discharging their duties to the Corporation.

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 a 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.

3. United States Code. All references to the United States Code include references to the statute as amended or any corresponding section of any future law.

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, the individual 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, the interested person 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.

e. For other conflicts, the board member is required to disclose the conflict and is not to participate in discussion or voting on the topic of the conflict unless the majority of the board agrees to permit the participation.


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 conflict 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 inurement, 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.

ARTICLE IX
Restrictions on Grants and Grant Recipients

When making grants, neither the Organization nor the Grant Making Committee shall make grants to Improper Grantees.

1. Improper Grantees. Persons subject to the restrictions under Sections 2 and Sections 3 of this Article IX are considered “Improper Grantees.”

2. General Restrictions. When making grants to private individuals, the Organization shall not make grants to: “substantial contributors” to the Organization, as defined in 26 U.S.C. § 507(d)(2), or to members of their immediate families; to officers, directors, or members of the Grant Making Committee of the Organization, or to members of their immediate families.

3. Disqualified Persons. The Organization and the Grant Committee shall not make grants to “disqualified persons” or to “family members” of such “disqualified persons.” For this purpose “disqualified persons” or “family members” are defined in 26 U.S.C. § 4958 (the Excess Benefits tax rules). In general, a “disqualified person” includes a person who in the past 60 months exercised substantial influence over the Organization, or was a “family member” of that “disqualified person.” In general, a person’s “family members” include: his or her spouse, ancestors, children, grandchildren, great grandchildren, and spouses of the same, as well as his or her brothers and sisters and their spouses.

4. Special Restrictions. Only if the Organization were to be classified by the Internal Revenue Service as a “private foundation,” under 26 U.S.C. § 509(a), the Organization and the Grant Committee shall not make grants that would trigger private foundation excise taxes under Chapter 42 of the Internal Revenue Code, 26 U.S.C. § 4940, et. seq. Specifically, the Organization and the Grant Committee shall not make grants to influence legislation, influence elections, or carry on voter registration drives. In addition, the Organization and its Grant Committee, shall not make grants for individual travel, study, or similar purposes unless such grants are made on an objective and non-discriminatory basis pursuant to a pre-approved grant program under 26 U.S.C. § 4945(g).

5. Grants to Other Organizations. If grants are made to other organizations, such organizations must be: classified as charities under 26 U.S.C. § 501(c)(3); must be publicly supported and cannot be a “private foundation” under 26 U.S.C. § 509(a); and must be eligible to receive charitable gifts under 26 U.S.C. § 170(c).

For downloaded version, please see here.

Ellen Meadows Prosthetic Hand Foundation
2600 Reynolds Ranch Parkway STE 140 #144, Lodi, CA 95240
www.Ln4handproject.org // Ln4project@gmail.com
EIN 20-4569013

Ellen Meadows Prosthetic Hand Foundation (EMPHF)

Board Member Confidentiality Agreement

Adopted by EMPHF Board on: 05/18/2023; Created on: 05/03/2023

As a member of the EMPHF Board of Directors, I understand that I will on occasion be in possession of confidential personnel or recipient related information. All such information, including but not limited to, information derived from applications, documents, correspondence, email and other electronic communications, telephone communications, and oral conversations disclosed during board meetings or by other communication, shall be restricted to those members of the board.

Any confidential materials received from another individual or agency, including all information kept on file for the governing board, advisory committee members, staff, volunteers, and donors may not be disclosed to anyone outside the organization’s professional staff, except by court order or written consent of the party involved.

In order to encourage and foster open and candid discussion at board meetings, it is the policy of EMPHF that each board member keep confidential any and all information relating to discussions at its meetings, including any and all materials, unless compelled by legal process to disclose such information, or as otherwise agreed by the board.

In order to protect such information, I acknowledge and agree to keep all information confidential.

I understand and accept this promise of confidentiality as a condition of my appointment to and service on the EMPHF Board of Directors. I understand that any violation of the conditions of this confidentiality agreement may result in immediate dismissal from the board, as well as other appropriate sanctions. In addition, I acknowledge and understand that the disclosure of confidential personnel information can be considered a violation of law.

Upon reading this Confidentiality Agreement, I hereby sign and agree to accept a position on the EMPHF Board of Directors.


Mr. Lain Hensley, EMPHF President
____________________________
Print Name

Lain Hensley
____________________________
Signature

May 18, 2023
_____________________________
Date

For downloaded version, please see here.

Ellen Meadows Prosthetic Hand Foundation
2600 Reynolds Ranch Parkway STE 140 #144, Lodi, CA 95240
www.Ln4handproject.org // Ln4project@gmail.com
EIN 20-4569013