Please read the following information carefully.
1.
www.schoolheart.com
(SH) provides you with this fundraising internet website and related services such as offering for sale any products or services; soliciting for advertisers or sponsors; conducting auctions or contests; displaying a sponsorship banner of any kind, including those that are generated by banner or link in exchange for services; and displaying banners for services that provide cash or cash-equivalent prizes, subject to your compliance with the terms and conditions as set forth below. Your continued use of this site evidences your agreement to them.
2.
SH runs advertisements and promotions on its websites. By creating your SH website, you agree that SH has the right to run such advertisements and promotions. The manner, mode and extent of advertising by SH on your SH site are subject to change. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
3.
SH services are FREE with no membership dues or fees for nonprofit organizations and members.
4.
SH offers nonprofit organizations, vendors, consumers, and members a number of convenient features designed to facilitate funding and related services.
5.
Current services for nonprofit organizations consist of, but are not limited to the following:
a.
Nonprofit organizations retain their own customized website including any and all listed features.
b.
Mailing list management which include email addresses used as distribution lists for fundraising, marketing, information, contests and prizes, welcome letters, thank you notes, etc.
c.
Enrollment is automatically added to these lists.
d.
Members may from time to time be asked to participate in a feedback forum.
e.
SH may coordinate special programs or events from time to time.
6.
SH allows donors to make direct cash donations to the organization of their choice. In the spirit of charitable giving, SH takes no fees whatsoever or any other payment for the processing of direct donations and 100% of any donations go directly to the organization.
7.
Members may securely shop at the SH shopping section for select product and special offers.
8.
Members may sign up for The SH Discount hCard® and receive price reductions and/or other benefits at selected merchants and vendors on the SH program.
9.
SH, in association with its sponsor base, may from time to time offer redeemable gift certificates and other prizes.
10.
SH is not responsible for the accuracy of any third party information on this website and shall be in no manner liable to you or any third party in the event that SH modifies or discontinues its services. Unless explicitly stated otherwise, any modifications or changes to the services shall be subject to the Agreement.
11.
Use of the services requires both access to the World Wide Web or the equipment necessary to connect thereto. SH is in no way responsible for providing you with any form of access to the World Wide Web or the necessary connection equipment.
12.
Pursuant to your use of the SH Services, you agree to the following:
a.
To provide accurate and complete personal information about organization personnel or your organization upon enrollment in SH
b.
To update and maintain the accuracy of the Registration Data and to notify SH in a prompt and timely manner of any changes to the Registration Data
c.
Not to obstruct or interfere with the services in any manner
d.
Not to use the services in an improper or fraudulent manner or in any manner inconsistent with the spirit and purpose of the services. The spirit of the website is determined by SH at its sole discretion.
e.
In addition, you agree to abide by the terms of SH Privacy Policy, which is posted on SH’s website.
f.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
13.
As a registrant or member of SH, you will select a password which will allow you access to secure areas of the SH website and to your Registration Data. You can update your Registration Data at any time by visiting the Member login. You agree to assume responsibility for any activities in your Member account. SH shall not be responsible or liable whatsoever for any activity in your Member Account.
14.
From time to time SH may send you email regarding your membership and special offers.
15.
You may terminate your relationship with SH at any time by canceling your registration on the Member Registration screen under Update Profile.
16.
SH may, at its sole discretion, terminate your Member Account and/or deny you access to the services (in whole or in part), for any reason, with or without notice to you and shall not be liable to you or any third party for any termination of your Member Account or your access to the services.
17.
SH promises to safeguard Registration Data and other personal and organizational information acquired and maintained by SH. For more information about how we protect your information, please review the SH Privacy Policy on our website.
18.
SH may act as an agent of the Member in connection with funding. This agency relationship entitles SH to accept donations on behalf of the organization and forward them to the Bank Account of the Member.
19.
When a Member signs up for SH, the Member must perform the following steps:
a.
Complete SH’s online Registration form.
b.
Vendors must choose a membership package and pay for the promotion online with a credit card or e-check or by phone.
c.
The Member may change its payment method any time.
20.
When a Member terminates its SH membership, the following steps occur:
a.
The Member uses SH’s profile screen to terminate its membership.
b.
The Member Nonprofit’s website and/or promotional banner are immediately shut off.
21.
SH strongly advises each Member to consult its own attorney or tax advisor regarding any tax matters. SH MAKES NO ASSERTIONS OR CLAIMS REGARDING THE TAX CONSEQUENCES OF YOUR USE OF THE SERVICES. YOU SHOULD CONSULT A QUALIFIED ATTORNEY OR TAX ADVISOR REGARDING THE APPLICABILITY OF PREVAILING TAX LAWS AND REGULATIONS TO YOUR USE OF THE SERVICES.
22.
Your interaction with third parties found on or located through the Services, including, without limitation the purchase or sale of goods or services, donations, and any other related terms, conditions, warranties or representations, are solely between you and such third party. SH is not responsible for the availability or content of other sites that may be linked to the SH website. SH in no way endorses such other sites. You explicitly agree that SH shall have no liability whatsoever for any loss or damage of any sort related to or resulting from your interaction with any third parties.
23.
You acknowledge and agree that the services and the underlying software contain proprietary and confidential data and are protected by intellectual property, trademark, patent and other laws. You also acknowledge and agree that the content of the SH website and the websites of its Members are similarly protected by intellectual property and other laws.
24.
You agree not to (and not to allow any third party to) use, copy, modify, create a derivative work of, reverse engineer, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, the underlying software, or the content of the SH website or the websites of its Members, except as expressly permitted by SH and the Members concerned.
25.
"SH" and the SH logo and slogans are trademarks of SH. You may not use or display "SH" or the SH logo without the express prior written permission of SH.
26.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SH MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
27.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SH OR ITS MEMBERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
28.
YOU ACKNOWLEDGE AND AGREE THAT SH (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, OR AGENTS) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, RELATING TO YOUR USE OF THE SERVICE (EVEN IF SH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SH AND ITS MEMBER NONPROFIT ORGANIZATIONS ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE; RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.
29.
SH’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, IF ANY.
30.
You agree to indemnify and hold SH, parents, students, vendors, subsidiaries, affiliates, officers, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the services.
31.
This Agreement constitutes the entire agreement between you and SH, superseding any and all other agreements with respect to the subject matter of this Agreement.
32.
This Agreement shall be governed by the laws of the State of Texas, without reference to its conflict of laws principles. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the Texas state courts.
33.
If any one or more provisions of this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
34.
New or updated Services may be licensed to you by SH with additional or different terms.
35.
Notice: Any notices may be made via email or regular mail.
36.
Waiver of any breach or failure to enforce any term of this Agreement shall not be deemed a waiver of any breach or right to enforce which may thereafter occur.
If you have any questions regarding this Agreement or if you wish to request any information from SH please contact us at
support@schoolheart.com
.
Copyright 2005-2007 SchoolHeart, Inc. All worldwide rights reserved. Patent-pending