Thank you for visiting the SchoolRaising.com site. This document sets forth the terms and conditions that apply to your use of the site.
July 20, 2014.
This site is owned by SchoolRaising LLC (“SchoolRaising”).
We, SchoolRaising and its affiliates and third party agents, provide this site and
related services to you, the user of this site, only for your personal, non-commercial use
Please read the terms contained herein carefully before using this site and/or the
services associated therewith. Your use of this site and the associated services
confirms your unconditional acceptance of these terms and conditions.
If you do not accept these terms and conditions, do not use this site.
Changes to this Agreement
1. We reserve the right, in our sole discretion, to revise this Agreement at any time.
Any changes to these terms will be included in a revised version of this Agreement
accessible through the site. Your continued use of the site and any related services
following posting of any changes to this Agreement constitutes your unconditional
acceptance and agreement to be bound by the changed terms. You must cease using the
site if you do not agree to be bound by the revised terms and conditions.
General Use and Site License
3. This site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this site by children, minors and others under your care, and you agree to be responsible for their use of this site.
4. We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. You may view, copy, download or print materials from this site for your own personal and non-commercial use. In this context, “personal and non-commercial use” does not include posting, uploading or otherwise publishing the materials to any other site, except that you may post and share materials from this site in connection with your non-commercial and personal use of social media web sites and services, such as Facebook, MySpace, and Twitter, as well as through blogs or similar types of postings. This license does not include any rights not specifically enumerated herein. You agree to use this site only for lawful purposes and in accordance with the terms and conditions contained herein.
5. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the site or any of the content on the site, including but not limited to the trademarks and copyrights of SchoolRaising and its affiliates, or to make derivative use of the site or its contents; (b) to make commercial use of the site or any of its contents; (c) to collect and use product listings, descriptions or images; (d) to download or copy any user’s account information for your own use or for the benefit of another party; (e) to bypass any technical measures used to prevent or restrict access to any portion of the site; (f) to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (g) to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; (h) to violate or attempt to violate the security of the site, or (i) to interfere with or attempt to interfere with the proper working of the site.
6. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this site, to terminate any user’s account, and to alter or delete any material submitted to the site through the user’s account. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
7. This site lists a number of items for sale by approved third party vendors (“Vendors”). You may purchase these items, subject to availability, and a portion of the purchase price for any goods you purchase through the site shall be donated to one or more schools. The schools to which donations associated with a particular item may be made are designated by the Vendor offering the item.
8. All item sales are subject to the terms of this Agreement, in addition to any other terms that may apply.
9. You understand and acknowledge that any transactions you enter into to purchase items through this site are effectively between you and the Vendor, and that SchoolRaising’s participation in the transaction is merely to coordinate the collection and disbursement of funds to the appropriate Vendors and schools. You further acknowledge that SchoolRaising has no control over and cannot and does not guarantee the quality, safety or legality of any goods or services offered for sale on this site; the truth or accuracy of any advertisements; the legality of any transaction; the ability of the Vendors to sell the items; and/or that a Vendor will actually complete a transaction.
10. Each Vendor is responsible for setting certain terms associated with the sale of any items it offers, including terms related to shipping or pick-up of the purchased item, and policies related to refunds, returns or exchanges. Please review carefully the Vendor’s listed terms and policies and make sure you understand and are comfortable with those terms and policies before you purchase the item. Any complaints, concerns or questions you may have related to items offered by or your dealings with a Vendor should be addressed directly to the Vendor.
11. In the event that you have a dispute with one or more Vendors, you hereby release SchoolRaising, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
12. Depending on your location, items purchased from this site may be subject to sales tax. Applicable taxes will be displayed during the ordering process.
13. Questions or disputes regarding credit card charges or other payment processing issues related to your purchase of an item through this site should be directed to email@example.com.
14. While SchoolRaising cannot become involved in any dispute you may have with a Vendor, we wish to ensure that all our users have positive experiences when using this site. If you wish to report a negative experience with a particular Vendor, please send an email to firstname.lastname@example.org. The email should include details of the transaction and your issue with the Vendor. By sending such an email, you consent to our contacting you for additional information about your experience. Vendors who are in violation of our policies may be subject to penalties, including but not limited to suspension or revocation of their right to participate as Vendors. The information you provide will be used to evaluate whether to allow the Vendor to continue to participate in our program. You acknowledge and agree that any decision to take action with respect to a Vendor lies strictly with SchoolRaising in its sole discretion.
15. Before you can make use of certain services associated with this site, you must register as a member and create an account. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
16. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
17. By creating an account with SchoolRaising, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. µ7701 et seq.).
18. You acknowledge, consent and agree that SchoolRaising may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to your requests for customer service; or (d) protect the rights, property, or personal safety of SchoolRaising, its affiliates, its personnel, other users and the public.
Additional Terms for Vendors and Schools
19. Any users who wish to offer items for sale on the site must first apply to become Vendors. Application information is available here. Prospective vendors must agree to abide by the additional terms and restrictions applicable to vendors, which can be accessed here. Where applicable, the additional terms of the Vendor Agreement are incorporated into and made a part of this Agreement.
20. Schools who wish to sign up to participate in the site or to set up fundraising challenges can do so by applying here. The school’s representative must agree, on behalf of the school, to abide by the additional terms applicable to schools, which can be accessed here. Where applicable, the additional terms of the School Agreement are incorporated into and made a part of this Agreement.
Intellectual Property Rights
21. Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of SchoolRaising or its suppliers, licensors, partners or affiliates and is protected by United States and international copyright laws. All of the content on this site is either the property of SchoolRaising or is used by us with the permission of its owner. The compilation of this site is the exclusive property of SchoolRaising and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with SchoolRaising’s ownership of the site and its content.
22. The trademarks, logos, and service marks displayed on this site are owned by SchoolRaising and third parties, and this site’s trade dress is owned by SchoolRaising. All trademarks not owned by SchoolRaising are the property of their respective owners, and, where used by SchoolRaising, are used with permission. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. SchoolRaising’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with SchoolRaising’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this site.
23. Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. For information on how you may obtain authorization to use any materials or content from this site, or to use SchoolRaising trademarks, service marks, product names or trade dress, please contact us at email@example.com.
Third Party Content
24. This site contains information, data, text, photographs, graphics and/or other materials prepared and uploaded by third parties (“Third Party Content”). We do not control the Third Party Content available via the site, and, as such, do not guarantee the accuracy, integrity, reliability or quality of such Third Party Content. We make no representations or warranties regarding any information included in such Third Party Content, nor do we determine whether the Third Party Content violates the rights of others. You understand that by using the site, you may be exposed to Content that is offensive, indecent or objectionable, and you acknowledge that any reliance on Third Party Content will be at your own risk. Under no circumstances will we be liable in any way for any Third Party Content, including, but not limited to, for any errors or omissions in any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, transmitted or otherwise made available via the site, or otherwise arising from any Third Party Content.
25. We do not and are not obligated to regularly review, monitor, delete or edit the Third Party Content available on the site. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from our alteration or deletion of any Third Party Content, even when we are advised of the possibility of such damages.
Links to Third Party Sites
26. From time to time, we may provide links to other internet sites or resources via this site, and other sites may link to this site. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
27. SchoolRaising provides this site and the associated services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify SchoolRaising, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
28. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY SCHOOLRAISING ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCHOOLRAISING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SCHOOLRAISING DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, SCHOOLRAISING MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY DISCLOSURES ON THIS SITE SATISFY GOVERNMENT REGULATIONS REGARDING THE DISCLOSURE OF INFORMATION RELATED TO CERTAIN PRODUCTS. SCHOOLRAISING IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
29. BY USING THE SCHOOLRAISING SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. SCHOOLRAISING DOES NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF SCHOOLRAISING ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, SCHOOLRAISING DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND SCHOOLRAISING, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
30. SCHOOLRAISING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF SCHOOLRAISING HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SCHOOLRAISING WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON SCHOOLRAISING’S COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SCHOOLRAISING, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SCHOOLRAISING FOR ACCESS TO OR USE OF THE SITE.
31. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
32. You agree to indemnify, defend and hold harmless SchoolRaising, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.
33. You agree that if you are dissatisfied with the site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against SchoolRaising with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.
34. This site is created and maintained by SchoolRaising in the State of Ohio. We make no representation that the site or any of its content is appropriate or available for use outside the United States of America, and access to the site from territories where the content is illegal is prohibited. You agree that you are solely responsible for compliance with applicable local laws connected with your use of this site.
35. You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and SchoolRaising or its affiliates. Regardless of where you access this site, you agree that any action or proceeding arising out of this Agreement or your use of the SchoolRaising site, whether at law or in equity, must be brought in the state or federal courts serving Hamilton County, Ohio, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
Copyright Infringement Claims
36. SchoolRaising respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. SchoolRaising reserves the right to remove access to infringing material posted to its site. Such actions do not affect or modify any other rights SchoolRaising may have under law or contract.
If you believe that any portion of the material contained on this site infringes your copyright, notify SchoolRaising of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. µ 512(c)(3).
Written Notification must be submitted to this site’s Designated Agent:
9891 Montgomery Rd Suite 242
Cincinnati, OH 45242
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, SchoolRaising will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which SchoolRaising may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, SchoolRaising will:
- promptly provide the complaining party with a copy of the Counter Notification;
- inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided SchoolRaising’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on SchoolRaising’s network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
37. This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of SchoolRaising. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. SchoolRaising’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
39. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact us at:
9891 Montgomery Road, Suite 242
Cincinnati, Ohio 45242