Terms of Use

These Terms of Use ("Terms") govern your access to and use of the National Fallen Truck Driver Remembrance Foundation website located at nftdf.org ("Site"), operated by the National Fallen Truck Driver Remembrance Foundation ("NFTDRF," "we," "us," or "our"), a Texas 501(c)(3) nonprofit corporation. Please read these Terms carefully. For information about how we handle personal data, please also review our Privacy Policy.

1. Acceptance of Terms

By accessing or using the Site, you confirm that you are at least 18 years of age (or have the consent of a parent or guardian), that you have read and understood these Terms, and that you agree to be bound by them. If you do not agree to any part of these Terms, you must immediately stop using the Site.

These Terms apply to all visitors, donors, tribute submitters, volunteers, and anyone else who accesses or interacts with the Site or its content.

2. Acceptable Use

You agree to use the Site only for lawful purposes and in a manner consistent with the dignity and mission of NFTDRF. You may use the Site to learn about our programs, submit tributes, make donations, contact us, and engage with our community. You may not use the Site in any way that:

• Violates any applicable local, state, federal, or international law or regulation.
• Is harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable.
• Impersonates NFTDRF, its staff, board members, or any other person or entity.
• Attempts to gain unauthorized access to any part of the Site, its servers, or connected systems.
• Uploads or transmits viruses, malware, or any other harmful code.
• Collects or harvests personal data about other users of the Site.
• Frames or mirrors any part of the Site without our prior written consent.
• Uses automated tools (bots, scrapers, crawlers) to extract Site content without our express written authorization.
• Exploits or commercializes tribute content or donor-facing materials for any purpose other than legitimate sharing consistent with our mission.

NFTDRF reserves the right to terminate access to the Site for any user who violates these acceptable use standards, with or without prior notice.

3. Tribute Submission Standards and Memorial Dignity

The Memorial Wall exists to honor the lives and legacies of professional truck drivers. All submissions must reflect the dignity of that purpose. By submitting a tribute, you agree to the following standards:

• Submissions must be truthful and submitted in good faith by a person with a genuine relationship to the honored driver (family member, close personal acquaintance, or authorized representative of the estate or employer).
• Submissions may not contain content that is defamatory, discriminatory, sexually explicit, violent, or designed to harass any individual or organization.
• Submissions may not include commercial advertising, promotional language, or links to external websites.
• Submitted photographs must depict the honored driver in a respectful context and may not contain nudity, graphic imagery, or third parties who have not consented to their image being published.
• You represent that you have the right to submit all information and media included in your tribute and that doing so does not violate any third-party intellectual property rights, privacy rights, or other legal rights.

NFTDRF reserves the right, in its sole discretion, to approve, decline, edit for formatting or length, or remove any tribute submission at any time without prior notice.

4. No Guarantee of Publication

Submitting a tribute does not guarantee publication. NFTDRF reviews all submissions prior to posting. We will make reasonable efforts to communicate our decision to the submitter, including the reason for any decline, but are not obligated to do so within any particular timeframe. Submission volume, staff availability, and the need to verify certain details may affect review timelines.

5. No-Fault Determination Statement

The Foundation does not make fault-based determinations when honoring a fallen driver. Tributes honor the life, contribution, and family story of the driver — not the circumstances of their passing.

NFTDRF does not investigate, adjudicate, or make findings regarding the cause, fault, or liability associated with any trucking accident, fatality, or occupational death. The publication of a tribute on our Memorial Wall is not an endorsement, finding, or statement regarding the nature of the driver's death, the conduct of any employer or insurer, or the outcome of any legal, regulatory, or insurance proceeding. No content on this Site should be relied upon as evidence in any legal proceeding.

6. Intellectual Property

All original content on this Site — including text, graphics, logos, icons, photography commissioned by NFTDRF, and software — is owned by or licensed to NFTDRF and is protected by applicable copyright, trademark, and intellectual property laws.

You may share links to Memorial Wall tributes and publicly available pages for noncommercial, mission-consistent purposes. You may not reproduce, distribute, republish, sell, or create derivative works from NFTDRF's original content without our prior written permission. Use of our name, logo, or branding in any context that implies official endorsement by NFTDRF is prohibited without express written authorization.

7. User-Generated Content License

By submitting a tribute, story, photograph, video, or any other content to NFTDRF ("User Content"), you grant NFTDRF a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, display, publish, distribute, adapt, and create derivative works from the User Content in connection with our programs, mission, and charitable communications, including but not limited to the Memorial Wall, our website, social media, printed materials, and fundraising campaigns.

You retain ownership of your original content. Granting this license does not transfer your copyright to NFTDRF. You represent and warrant that you have all necessary rights to grant this license and that the submission does not infringe any third-party rights.

8. AI-Enhanced Image Processing Authorization

By submitting a portrait photograph as part of a Memorial Wall tribute, you authorize NFTDRF to use AI-assisted image enhancement tools to improve image quality, resolution, or consistency for display purposes on the Memorial Wall. Enhancement may include background adjustment, noise reduction, color correction, and upscaling. The fundamental likeness and identity of the driver will not be altered. If you have objections to AI-assisted enhancement of a specific image, you may indicate this preference in writing at the time of submission, and we will display the original photograph as submitted or forgo the image entirely at your direction.

9. Moderation and Removal Rights

NFTDRF has the right, but not the obligation, to monitor User Content and to edit, refuse, or remove any content that we determine, in our sole discretion, violates these Terms, applicable law, or the dignity standards of our mission. Removal may occur without prior notice. NFTDRF is not liable for any failure to remove content or for any delay in doing so.

If you believe a tribute submission has been published in error or without proper authorization, please contact legal@nftdrf.org with documentation of your concern. We take such reports seriously and will investigate within a reasonable timeframe.

10. Donations and Refund Policy

All donations made through the Site are voluntary charitable contributions to NFTDRF, a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Donations are generally non-refundable. NFTDRF may, at its sole discretion, issue refunds in cases of documented processing errors, duplicate charges, or other exceptional circumstances. Refund requests must be submitted within thirty (30) days of the transaction date and directed to info@nftdrf.org.

NFTDRF will issue written acknowledgment of all donations as required by the IRS for contributions of $250 or more. It is the donor's responsibility to determine the tax deductibility of their contribution based on their individual tax situation. NFTDRF does not provide tax advice.

Funds donated to NFTDRF will be used to advance the Foundation's charitable mission. Unless a donation is expressly restricted to a specific program or fund at the time of giving, NFTDRF retains full discretion to direct funds where they are most needed. Restricted gift designations must be made in writing at the time of the donation to be binding.

11. Indemnification

You agree to indemnify, defend, and hold harmless NFTDRF and its directors, officers, employees, volunteers, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) any User Content you submit; or (d) your violation of any third-party right, including intellectual property rights or privacy rights.

12. Limitation of Liability

To the fullest extent permitted by applicable law, NFTDRF and its directors, officers, employees, volunteers, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost revenue, lost data, emotional distress, or reputational harm — arising out of or in connection with your use of, or inability to use, the Site or any content or services provided through it.

In no event shall NFTDRF's total aggregate liability for any claim arising out of or related to these Terms or your use of the Site exceed the greater of (a) the total amount you donated to NFTDRF in the twelve (12) months immediately preceding the claim or (b) one hundred dollars ($100.00).

13. Disclaimer of Warranties

THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE OFFERED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NFTDRF EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NFTDRF DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Travis County, Texas. By using the Site, you consent to the personal jurisdiction of those courts.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

16. Termination of Access

NFTDRF reserves the right to suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, all provisions of these Terms that by their nature should survive will survive, including intellectual property provisions, disclaimers, indemnification obligations, and limitations of liability.

17. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top of this page. Continued use of the Site after any update constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

18. Contact

Questions or concerns about these Terms should be directed to:

• Email: legal@nftdrf.org
• Mail: National Fallen Truck Driver Remembrance Foundation, 5900 Balcones Drive, Suite 100, Austin, TX 78731