Effective Date: 12/2/2025
Governing Law: State of Texas

The Christmas Deliveries Toy Fund (“Toy Fund”) is hereby declared and legally defined as a voluntary, discretionary, for-profit community-support initiative operated exclusively by Christmas Deliveries, a Texas sole proprietorship owned by Tristan James Gunderson.

For avoidance of doubt:

• The Toy Fund is not now, nor shall it ever be construed as, a charity, nonprofit entity, tax-exempt organization, foundation, charitable trust, public benevolent fund, or 501(c)(3) organization.
• The Toy Fund is not governed by charitable solicitation laws, including those under the Texas Occupations Code or the Texas Business Organizations Code applicable to nonprofit entities. 
• The Toy Fund does not operate under fiduciary principles, nor does it impose fiduciary obligations upon the Company or its owner. 

Any interpretation to the contrary is expressly disclaimed.

All monetary transfers to the Toy Fund are treated as commercial consideration under:

• The Federal Trade Commission Act 
• The Texas Business & Commerce Code 
• The Texas Deceptive Trade Practices Act (DTPA) 
• IRS regulations governing classification of charitable contributions 

Accordingly:

• Toy Fund payments are not charitable donations. 
• Toy Fund payments are not tax-deductible. 
• The Company does not issue charitable receipts or acknowledgments. 
• No language used by the Company shall be interpreted as a representation of tax-exempt status. 

Customers expressly waive any reliance on mistaken assumptions regarding nonprofit or charitable classification.

Participation in the Toy Fund is entirely voluntary and does not create:

• A trust 
• A fiduciary duty 
• An agency relationship 
• A custodial obligation 
• A quasi-charitable fiduciary responsibility 
• An escrowed or segregated fund 

The Toy Fund is merely a commercial, goodwill-driven program, and no legal rights arise from participation other than those specifically stated herein.

Customer acknowledges and agrees that:

1. All Toy Fund contributions are the sole property of the Company upon receipt. 
2. The Company retains absolute discretion to allocate, reallocate, or use funds as it deems operationally or commercially appropriate.
3. Toy Fund monies may be used broadly, including but not limited to: 
   • Purchasing toys and seasonal gifts 
   • Packaging, wrapping, and preparation 
   • Delivery, transportation, routing, and logistical operations 
   • Fuel, maintenance, vehicle operation costs 
   • Contractor compensation or helper assistance 
   • Administrative and operational expenses 
   • Payment processor and merchant fees 
   • Business sustainability relating to execution of holiday activities 

1. No Customer shall have authority to direct, supervise, review, or challenge the allocation or usage of such funds.
2. The Company is not obligated to apply any percentage of funds to any single expenditure category.
3. No segregated account is required or maintained.
   Funds are commingled with general operating revenue as permitted under Texas commercial law.
    

Participation in the Toy Fund does not confer any legally enforceable expectations regarding:

• The identity, number, or eligibility of recipients 
• The timing of gift delivery 
• The types, brands, or nature of toys purchased
• The geographic distribution of gifts 
• The total number of gifts purchased
• The percentage of funds used for gift acquisition 

Any statements regarding intended use are aspirational and not contractual warranties.

Customer explicitly acknowledges that all Toy Fund contributions are final, non-refundable commercial transactions.

Accordingly:

• No refunds 
• No reversals 
• No credits 
• No partial reimbursements 
• No contingent refunds based on delivery outcomes
• No chargebacks (except where mandated by law) 

Any attempted chargeback or dispute based on:

• Allocation disagreement 
• Delivery timing 
• Item substitution
• Recipient identity 
• Misinterpretation of non-charitable nature
• Belief that funds were “donations” 

…shall constitute intentional breach of contract and may result in collection efforts, legal proceedings, and recovery of all associated costs, including attorney’s fees.

Because the Toy Fund is commercial in nature and not a charitable entity:

• Customers have no right to accounting statements 
• Customers have no right to itemized disclosures 
• Customers have no right to operational transparency 
• Customers have no right to audit or review expenditures 
• Customers have no expectation of reporting beyond what the Company voluntarily provides 

Any demand for access to internal records is explicitly refused as beyond the scope of Customer rights.

Customer agrees not to:

• Characterize the Toy Fund as a charity 
• Describe their contribution as a donation 
• Claim tax-deductible status 
• Make representations that imply charitable oversight or regulation 
• Misstate the nature of their transaction to financial institutions 
• File disputes or claims premised on mischaracterization of the Toy Fund

Such misrepresentations shall be considered fraudulent.

This Disclosure is intended to ensure full compliance with:

• Texas Deceptive Trade Practices Act (DTPA) 
• Texas Business & Commerce Code 
• FTC Act prohibitions against unfair or deceptive acts 
• IRS Publication 526 (Charitable Contributions) 
• COPPA (regarding minors’ data, if applicable)

Customer acknowledges that this Disclosure satisfies all consumer-protection requirements and waives any claim premised on alleged misunderstanding.

All matters relating to the Toy Fund shall be governed exclusively by the laws of the State of Texas.

Venue for any and all disputes shall lie solely in the courts of Travis County, Texas.
Customer irrevocably consents to personal jurisdiction in such courts.

Christmas Deliveries
Owner: Tristan James Gunderson
4301 W. William Cannon Dr., Suite 150 PMB 403
Austin, TX 78749
Email: customersupport@christmasdeliveries.com