All recipients agree to adhere to the following guidelines set by UMOK, the Internal Revenue Service, and/or retail donation partners. It is critically important that all organizations accepting products from UMOK Warehouse abide by the following:
1. The undersigned provides proof of not-for-profit status as described in Section 501(c)(3) of the Federal Internal Revenue Code or a recognized U.S. Indian reservation; and/or is exempt under Section 501(c)(3); and is not a private foundation (other than an operating foundation described in Section 4942(j)(3)).
2. The undersigned organization and all recipients therein guarantee that received goods will be used solely for the care of the ill, needy or youth (as those terms are defined in applicable U.S. Treasury regulations).
3. The undersigned organization makes certain that the use of received goods will be related to the purpose of the organization that makes it tax-exempt.
4. The undersigned organization ensures received goods will not be transferred (or attempted to be transferred) by the organization in exchange for money, property or other services.
5. The undersigned organization agrees to maintain adequate books and records of received donations as required by applicable tax regulations and to make such records available upon request to UMOK, the Internal Revenue Service, and/or retail donation partners. The organization agrees to provide complete substantiation of its distribution of all received product donations to UMOK, the Internal Revenue Service, and/or retail donation partners.
6. The undersigned organization understands that any organization using donated products for purposes other than those intended will be removed immediately from the program and legal action will be taken.
7. You understand and agree that any Donated Goods you may receive from UMOK will be received by you in “as-is” condition and that UMOK makes no warranty, covenant or representation, expressed or implied, regarding the Donated Goods, including without limitation, their design or condition or fitness for any particular purpose. UMOK shall not be liable for any direct or consequential damages or losses suffered or incurred by you or a third party as a result of the use or consumption of the Donated Goods.
8. You agree to indemnify and hold harmless UMOK, its donors, its affiliates, and each of its respective officers, directors, employees, agents, counsels, successors, and assigns from and against any loss, cost, damage, expense, or liabilities (including reasonable attorneys’ fees) incurred in connection with any and all claims, including third party claims, that result from or relate to UMOK’s negligence or willful misconduct, or the manufacturing of the products donated by UMOK hereunder.