Last updated: July 14, 2015
ACCEPTANCE OF TERMS THROUGH USE
SERVICES AND AVAILABILITY
The Website is primarily intended to give users access to promotional deals (“Deals”) of participating merchants (“Merchants”) offered for sale in support of fundraising efforts for participating schools or related organizations such as parent-teacher associations (“Fundraising Organizations”). While we aim to keep the Website accessible, you acknowledge that it may be subject to service interruptions or other unavailability at any time, including interruptions for routine maintenance or due to factors beyond our control.
The Website is intended solely for persons who are 18 or older. Any access to or use of the Website, including any purchase of Deals via the Website, by anyone under 18 is expressly prohibited. By accessing or using the Website you represent and warrant that you are 18 or older.
Certain areas of the Website (and your access to or use of certain services or content available on the Website) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. For example, if you are (or if you represent) a Merchant or Fundraising Organization, your posting and modification of Deals on the Website are also subject to our separate Deal Contract for Merchants and Fundraising Organizations. If there is a conflict between these Terms and Conditions and the terms and conditions posted for a specific area, service, or content on the Website, the latter terms and conditions will take precedence with respect to your use of or access to that area, service, or content. Certain Deals are also subject to additional terms; see “Buying and Redeeming Deals” below for more detail.
CODE OF CONDUCT
While using this Website or Website-related sites and services, you agree not to:
We do not control the information provided by other users (including Fundraising Organizations and Merchants) that is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution—and common sense—when using our Website.
Schoola reserves the right, with or without notice, to prohibit any user from using the Website and related services if we believe, in our sole and absolute discretion, that the user has violated the Code of Conduct or other terms of these Terms and Conditions.
REGISTRATION AND ACCOUNT INFORMATION
When you register to use any services or engage in any transactions on the Website, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete. You may have only one account. You shall bear the sole responsibility for maintaining control over access to your account, including the confidentiality of your account log-in and password, and have sole responsibility for all activities that occur on or through your account. Schoola will not be liable for any loss or damage arising from your failure to maintain control over access to your account.
BUYING AND REDEEMING DEALS
Each Deal on the Website is a promotional offer being sold by a participating Merchant through our service. A Deal is redeemable for certain goods, services, or events provided by the Merchant as set forth in the Deal description on the page of the Website through which you buy the Deal (the “Deal Description”). Each Deal is offered on the Website only for a limited time and may have limits on the quantities available for purchase. Deals may be removed from the Website at any time. When you purchase a Deal, we will electronically deliver to you (through the Website or the email address you have provided us) a coupon that bears a unique redemption code. This coupon, including its redemption code, must be presented to the Merchant to receive the benefit of the Deal. The Merchant (not Schoola) is the issuer of the coupon, and is solely responsible for: (a) redemption of the coupon; (b) all goods, services, and events that the Merchant offers or provides; and (c) any injuries, illnesses, damages, claims, liabilities, and costs directly or indirectly caused by the Merchant or any of its goods, services, or events, whether or not related to the Deal (“Merchant-related Liabilities”). You waive and release Schoola and its officers, directors, employees, affiliates, agents, and representatives from all Merchant-related Liabilities, including any liability for a Merchant’s failure to honor a Deal. By purchasing, printing, or presenting any coupon, you confirm your agreement to these Terms and Conditions and to all specific terms of the particular Deal as stated on or referenced in the applicable Deal Description and/or coupon (the “Deal Terms”). The Deal Terms will apply to the fullest extent permissible under applicable law. In the event of a conflict between these Terms and Conditions and any Deal Terms, the Deal Terms will control with respect to that particular Deal. The following rules apply to all Deals, except to the extent they conflict with applicable laws or any exceptions stated in the relevant Deal Description or coupon:
PROCEEDS TO FUNDRAISING ORGANIZATIONS
We will allocate to one or more Fundraising Organization(s) a percentage of the amount you pay for each Deal (less credit card processing fees, charge-backs, and the like), as stated on the Deal Description in the area of the Website where you bought the Deal. Please keep in mind that some Deals may be offered through multiple Fundraising Organizations’ areas of the Website, and buying the Deal through one Fundraising Organization’s area may result in a different allocation of proceeds than buying it through another Fundraising Organization’s area. In some instances, we may subdivide a Fundraising Organization’s percentage of proceeds among multiple non-profit recipients, for example, where multiple Fundraising Organizations are participating cooperatively in a fundraiser or where another non-profit organization (such as a state parent-teacher association) facilitated the Fundraising Organization’s participation in the Fundraiser. We will remit to each Fundraising Organization its share of proceeds in accordance with applicable laws. Fundraising Organizations may use their share of proceeds as they deem appropriate. If there are any Rejected Payments (as defined below), we will instead remit the amount of each Rejected Payment to DonorsChoose.org, as a charitable contribution in the applicable Fundraising Organization’s name, within ninety days after determining that it is a Rejected Payment. As used above, “Rejected Payment” means a payment that we have attempted to remit to a Fundraising Organization as provided above, where: (i) the Fundraising Organization rejects the payment (which rejection right, if any, will expire upon the Fundraising Organization’s cashing of our check or other acceptance of the payment); or (ii) the Fundraising Organization does not cash the check for such payment within ninety days after we mail the check to the Fundraising Organization and we accordingly cancel the check; or (iii) we are unable to remit the payment to the Fundraising Organization due to the Fundraising Organization’s failure to provide us with complete, accurate and up-to-date payee information (such as taxpayer ID, payment address, etc.) within ninety days of our requesting such information using the Fundraising Organization’s most recent contact information in our records. Each Fundraising Organization is an intended third-party beneficiary of our payment obligations set forth in the preceding paragraphs.
DISCLAIMER REGARDING TAX EXEMPTIONS AND DEDUCTIONS
Fundraising Organizations may not necessarily be tax-exempt. You should not assume that you will be entitled to any tax deduction, credit, or other benefit in relation to your purchase of any Deals. We do not provide any tax advice, and we recommend that you consult with a qualified tax professional if you have any questions regarding the tax treatment of any transactions on our Website.
THIRD PARTY SITES
This Website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Schoola, and you acknowledge that Schoola is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Schoola. If you decide to access linked third-party Web sites, you do so at your own risk.
THIRD PARTY CONTENT
Schoola, similar to an Internet Service Provider, is a distributor and not a publisher of content supplied by third parties and users. Accordingly, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or provider(s) and not of Schoola. Neither Schoola nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Refer to "Disclaimer of Warranties" and "Limitation of Liabilities" below for additional disclaimers of warranty and limitation of liabilities.
PROPRIETARY RIGHTS; LICENSE GRANTS
“Schoola” is a trademark of Schoola Inc. All rights in respect of these trademarks are hereby expressly reserved. You acknowledge and agree that the Website and the content and materials available on it are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Unless otherwise indicated, all such rights and trademarks appearing on the Website are the property of Schoola or its licensors (including Fundraising Organizations and Merchants, where applicable). Except as expressly authorized by Schoola in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Website or any such materials or content.
By uploading and posting communications and/or content covered by intellectual property rights on or through the Website (for example, trademark logos, copyrighted text, photos, and videos) ("IP content"), you grant to Schoola a perpetual, irrevocable, royalty-free, transferable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the IP content alone or as part of other works in any form, media, or technology whether now known or hereafter developed. With regards to any IP content uploaded or posted by you, you represent and warrant that:
1. You are the original creator of the IP content;
2. You own or otherwise control all rights to such IP content;
3. Using or publicizing the IP content by Schoola will not infringe or violate the rights of any third party; and
4. You agree not to provide Schoola with any confidential or proprietary information that you desire or are required to keep secret. You agree that if you submit any feedback, comments, or suggestions to us regarding our Website or services or other aspects of our business: (a) you are doing so voluntarily and without any expectation of confidentiality; and (b) you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit your feedback, comments, or suggestions for any purpose.
COPYRIGHT POLICY AND INFRINGEMENT NOTICE PROCEDURE
Schoola respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that any posting of material on the Website by any user (including any Merchant or Fundraising Organization) infringes a copyright, you must provide us, through our designated copyright agent, with: (a) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (b) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (c) your name and contact information, including telephone number and e-mail address; (d) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work.
Our agent for notice of claims of copyright infringement is:
601 Montgomery Street, Suite 675
San Francisco, CA 94111
Schoola shall have the right, but not the obligation, to monitor the content of the Website at all times to determine compliance with these Terms and Conditions and any operating rules established by Schoola, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole and absolute discretion, find to be in violation of the provisions hereof or otherwise objectionable.
You hereby agree and accept the following payment terms and conditions for any payments, purchases, offers, donations, or orders made by you through the Website. Although Deals are being sold by the Merchants, you acknowledge that we (and/or our payment processors) are authorized to collect the payments for those Deals as part of the service we provide.
Reservation of Rights by Schoola
We reserve the right to take actions in order to limit the liability or financial risk of the Website and Schoola, including but not limited to the following:
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL INFORMATION, MATERIALS, DEALS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SCHOOLA DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS, SERVICES, OR EVENTS ASSOCIATED WITH THE DEALS SOLD THROUGH THE WEBSITE. NEITHER SCHOOLA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, SCHOOLA DISCLAIMS ANY WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APPLICATION AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER SCHOOLA NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY CONTENT, PRODUCTS, OR SERVICES ACCESSIBLE THROUGH THE WEBSITE (INCLUDING DEALS) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SUCH CONTENT, PRODUCTS, OR SERVICES (INCLUDING DEALS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCHOOLA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL SCHOOLA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, OR ANY CONTENT, PRODUCTS, OR SERVICES ACCESSIBLE THROUGH THE WEBSITE (INCLUDING DEALS) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50) OR, WITH RESPECT TO ANY DEAL YOU PURCHASE ON THE WEBSITE, THE ACTUAL AMOUNT YOU PAID FOR THAT DEAL. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PRECEDING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, SCHOOLA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Schoola and its affiliates, officers, directors, agents, manager, members, and employees harmless from and against any claims or expenses, including reasonable attorneys' fees, arising out of or related to your use of this Website, Website-related services, and any third party web sites, products, or services in any way associated with the Website (including any Deal coupons).
Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release Schoola (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The Website is hosted in the United States. If you use the Website from outside of the United States, you are voluntarily transferring information (including personally identifiable information) and content to the United States and agreeing that the use of the Website is exclusively subject to the laws of the United States. Schoola makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Some countries may restrict or prohibit your ability to make payments through the Website. Nothing in these Terms and Conditions should be read to override or circumvent any such foreign laws. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time. In case of a dispute, the complaining party must give written notice to the other party. The parties will then have thirty (30) days to try to resolve the matter. If and only if they cannot do so, then either party may initiate mediation through the San Francisco offices of JAMS/Endispute or the American Arbitration Association. If and only if mediation fails to resolve the dispute, then either party may initiate arbitration through the San Francisco offices of JAMS/Endispute or the American Arbitration Association. Arbitration will be before a single arbitrator and will be binding. Notwithstanding the foregoing, if immediate emergency action is necessary to preserve a party's rights pending mediation or arbitration, then either party may commence legal proceedings in the federal or state courts located in San Francisco.
SHOPPING CREDITS; DISCOUNTS
The following activities are prohibited under Schoola Terms & Conditions, and can result in cancellation of referral credits or collection credits, cancellation of orders and closing of accounts:
1. Using multiple accounts, email addresses, names or physical addresses as a single household.
2. Posting your referral link to a commercial coupon site for profit without prior permission from Schoola.
3. Placing orders for others or attempting to transfer credit to others.
4. Any attempts to mislead the Schoola website, mobile application or Schoola employees including using false names, impersonating another person or otherwise providing false or misleading information.
Schoola reserves the right to cancel orders and/or modify accrued credits for any reason it deems in its sole discretion to be gained through manipulative activity.
If you have any questions about our referral program terms, please contact us at email@example.com or (855) 454-2106.
Schoola reserves the right, in its sole and absolute discretion, to terminate your access to all or part of the Website, with or without notice. You may also delete your account at any time. In no event will termination of your account or access to the Website diminish the effect of the following provisions of these Terms and Conditions: Disclaimer of Warranties, Limitation of Liability, Indemnity, Release, Disputes; Arbitration, and Termination.
For questions about our Terms and Conditions, please contact us via email at firstname.lastname@example.org or by mail at:
601 Montgomery Street, Suite 675
San Francisco, CA 94111