ADOPT-A-CLASSROOM, INC.
WEBSITE ACCEPTABLE USE POLICY

Adopt-A-Classroom, Inc., a Florida not-for-profit corporation ("ADOPT-A-CLASSROOM"), provides the information and services available on its web site located at www.adoptaclassroom.org and other variations of the address (hereinafter, the “Web Site”) under the following terms and conditions. For purposes of this Policy, "you" means yourself, including any entity you represent in connection with your use of this Web Site.

This Acceptable Use Policy (“Policy”) applies whenever you use the Web Site or information services provided on the Web Site (collectively, the "Services"). If you do not accept the terms of this Policy, you may not use the Web Site or Services. Adopt-A-Classroom reserves the right to modify this Policy at any time and will place any changed Policy to the Web Site. You are encouraged to check this Policy each time you access the Web Site. Your continued use of this Web Site indicates you agree to the terms of the most current version of this Policy posted online.

1. USE OF SITE AND SERVICES; SUBSCRIPTION TERMS. Adopt-A-Classroom grants you a limited, non-transferable license to use this Web Site and in connection with the Services, subject to and in accordance with the terms and conditions of this Policy. You agree not use the Web Site or Services in connection with any prohibited uses described in Section 10 below or in any other manner that violates this Policy or applicable laws, rules, orders or regulations.

In instances when a teacher does not acknowledge receipt of the donated funds after 90 days, and in instances the donor has provided contact information to Adopt-A-Classroom, Adopt-A-Classroom shall contact such donor and provide the donor with the options of directing the unused funds to (1) another classroom chosen by the donor (2) an underserved classroom selected by Adopt-A-Classroom in accordance with Adopt-A-Classroom selection criteria or (3) Adopt-A-Classroom general programming fund. If the donation is moved to a new classroom the 90 day cycle commences anew.

In instances when a donor does not provide us with contact information we will continue to contact the classroom via phone, fax and email for the remainder of the school year in which the funds were donated and the subsequent school year. If, after exhausting best efforts in contacting the classroom the funds are still not utilized the donation will be redirected into Adopt-A-Classroom general programming fund to further Adopt-A-Classroom’s mission.

If, after exhausting best efforts in contacting a donor of a classroom that has not utilized the funds and the classroom or school does not acknowledge receipt of the donated funds by June 30 of the year subsequent to the school year in which the funds were donated (for example, donations made during the 2006-2007 school year donations will be held until June 30 of 2008) the donation will be redirected into Adopt-A-Classroom general programming fund to further Adopt-A-Classroom’s mission.

In instances where funds are utilized and a balance remains in a classroom account that is less than $5.00, such balance will be redirected into the Adopt-A-Classroom general programming funds account no sooner than June 30 of the year following the school year in which the funds were distributed (for example, balances from donations made during the 2006-2007 school year donations will be held until June 30 of 2008.)

2. COPYRIGHT AND TRADEMARKS. The information available on or through this Web Site, along with all graphics, images, text, information, sounds and other content (collectively "Content") is the property of Adopt-A-Classroom, or its licensors, and is protected by copyright, trademark, service mark and other intellectual property rights. In some circumstances, third parties may post Content which is solely owned or licensed by them. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any Content available on or through this Web Site for commercial or public purposes. All rights, title and interest in the trade dress, selection, coordination, arrangement and enhancement of the Content are specifically reserved to Adopt-A-Classroom. Your internal reproduction of the Web Site is permitted only to the extent necessary to allow you to utilize the Web Site for non-commercial purposes. Permission is granted to electronically copy and print hard copies of pages from the Web Site solely for your internal, personal use, and any such copies must bear the copyright notice included on each Web page. Adopt-A-Classroom may, in its discretion, block access to the Web Site, and disable and terminate access of accounts who may be infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Adopt-A-Classroom’s Copyright Agent (address below) with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.

Adopt-A-Classroom’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows, by mail or electronic communications:

Adopt-A-Classroom, Inc.
1521 Alton Road, #347
Miami, FL 33139
Attn: Executive Director
Tel: 877.444.7666
Fax: 305.674.0665
executivedirector@adoptaclassroom.org

Please note that, due to security concerns, attachments will not be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be opened or processed.

3. LINKS TO THIRD PARTY SITES. This Web Site may contain links that will let you access other Web sites, including, but not limited to, sites of third party services providers (“Service Providers”). The links are only provided as a convenience and Adopt-A-Classroom does not endorse any of these sites or the content, advertising, products and services available on or through such sites. Adopt-A-Classroom assumes no responsibility or liability for any material that may be accessed on other Web sites, even if reached through this Web Site, nor does Adopt-A-Classroom make any representation regarding the quality of any product or service available on or through any such site or from such Service Providers.

4. LINKS FROM THIRD PARTY SITES. Adopt-A-Classroom prohibits unauthorized deep links to the Web Site and the framing of any information contained on the Web Site or any portion of the Web Site. Adopt-A-Classroom reserves the right to disable any unauthorized links or frames. Adopt-A-Classroom has no responsibility or liability for any material on other Web sites that may contain links to this Web Site.

5. DISCLAIMERS OF WARRANTIES. You acknowledge and agree that Adopt-A-Classroom and the site solely serve as an information service. ADOPT-A-CLASSROOM DOES NOT INDEPENDENTLY REVIEW, INVESTIGATE OR VERIFY INFORMATION PROVIDED BY donors, beneficiaries, service providers or others. Adopt-A-Classroom and its COMPANY affiliates do not ACT AS YOUR AGENT OR PROVIDE ADVICE or guarantee results.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. Information provided by Adopt-A-Classroom, whether original to Adopt-A-Classroom OR from third parties, IS provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Adopt-A-Classroom doES not make any warranties or representations as to THE accuracy or completeness of information on this site or the quality or timeliness of information and services provided.

Adopt-A-Classroom DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL MATERIALS.

SERVICES MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS OF EACH SERVICE PROVIDER. PLEASE CAREFULLY REVIEW EACH SERVICE PROVIDER’S POLICIES PRIOR TO ENGAGING WITH THEM.

6. LIMITATION OF LIABILITY; INDEMNITY. UNDER NO CIRCUMSTANCES SHALL Adopt-A-Classroom OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, SUBCONTRACTORS, ADVISors, AGENTS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS (collectively, THE "Adopt-A-Classroom PARTIES") BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY AND PROPERTY DAMAGE) THAT RESULT FROM YOUR USE OF THE SITE OR SERVICES, OR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF ANY Adopt-A-Classroom PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF Adopt-A-Classroom PARTIES FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE AND/OR SERVICES SHALL NOT EXCEED $25.00 usd. SOME JURISDICTIONS RESTRICT OR PROHIBIT LIMITATIONS OF LIABILITY, IN WHICH CASE THE FOREGOING PROVISIONS MAY NOT APPLY TO YOU.

You agree to hold harmless, INDEMNIFY AND DEFEND Adopt-A-Classroom parties from any and all claims and liabilities arising from use of the site and/or services, including, without limitation, acts or omissions OF SERVICE PROVIDERS.

7. PRIVACY. Protecting customer privacy is important to Adopt-A-Classroom. Please read the Adopt-A-Classroom Privacy Statement, which describes how we use, maintain and share personally identifiable and financial information.

8. SECURITY. Adopt-A-Classroom uses commercially reasonable efforts to protect the security of your data submitted on or through the Web Site. However, the security of information transmitted through the Internet can never be guaranteed. Adopt-A-Classroom is not responsible for any interception of any communications through the Internet or Web Site or for changes to or losses of data. See the Adopt-A-Classroom Privacy Statement.

9. TRANSMISSION OF DATA. You acknowledge and agree that any information and data submitted to the Web Site becomes the property of Adopt-A-Classroom, subject to any applicable laws regarding the protection of customers’ personally identifiable and financial information. You expressly authorize the transfer of your data (other than personal financial data) to donors, beneficiaries and Service Providers whom you request to receive your personal data through the functionality provided on the Web Site.

10. PROHIBITED USES. You agree you will not directly or indirectly: interfere with or compromise the operation of the Web Site or intercept, redirect or interfere with messages or data intended for transfer to other parties; access without authorization any computers, accounts or networks or penetrate any security features; interfere with the operation of this Web Site; transmit or distribute destructive information, such as a virus, or engage in mail bombings or distributed denial of service attacks; or tamper with any Content contained on or through the Web Site. You will not use any robot, spider or other automatic device or program to monitor or copy any of the data or content on this Web Site, or otherwise transfer any Web Site data or content for mass distribution or use in any commercial manner.

You represent and warrant that you have the capacity and authority to enter into legal binding agreements, including the authority to be bound to this Policy. We are not required to accept any transactions from users who are less than eighteen (18) years of age.

We cannot guarantee that your use of the Web Site or Services, or purchase of Services through the Web Site, complies with laws outside of the United States. You are solely responsible to comply with the laws of your jurisdiction, and you agree to hold us harmless from your violation of any such laws.

IF YOU BELIEVE Anyone HAS VIOLATED THIS POLICY, PLEASE CONTACT US AT THE ADDRESS BELOW. WE RESERVE THE RIGHT TO REVIEW AND TERMINATE any user’s aCCESS TO THE SITE.

11. SITE And services Availability. Adopt-A-Classroom’s objective is to make the Web Site accessible twenty-four (24) hours per day, seven (7) days per week. However, Adopt-A-Classroom may interrupt, limit or suspend the Web Site operations at any time for purposes such as performing maintenance, addressing technical problems, conducting audits, and complying with applicable laws. Adopt-A-Classroom will make reasonable efforts to post notices on the Web Site in advance of material changes to the Web Site or Services.

12. TERMINATION OF ACCESS; REMEDIES. In order to enforce this Policy, such as in the event of any breach or threatened breach, Adopt-A-Classroom may suspend and/or terminate your access to and use of the Web Site and/or Services without notice. You understand and agree that Adopt-A-Classroom shall be entitled to receive preliminary injunctive relief without the necessity of posting bond, along with other equitable and legal remedies against you, with respect to its enforcement of this Policy. If Adopt-A-Classroom or its affiliates takes any legal action against you to enforce this Policy, you will promptly reimburse Adopt-A-Classroom’s reasonable attorneys’ fees and costs incurred.

13. JURISDICTION/GOVERNING LAW. You understand that you are purposely accessing this Web Site of Adopt-A-Classroom and communicating or transacting with Adopt-A-Classroom, which business maintains a physical presence in Miami-Dade County, Florida, USA; therefore, you agree that your use of the Web Site and Services, and this Policy, shall be governed by and construed in accordance with the laws of the State of Florida, USA, and applicable federal laws and regulations without regard to conflicts of law principals. Accordingly, you understand and agree that all proceedings relating to this Web Site and the subject matter contained herein shall be maintained exclusively in the state or federal courts in and for Miami-Dade County and the Southern District of Florida. YOU AGREE THAT NO CLASS ACTION SHALL BE INITIATED OR MAINTAINED AGAINST ANY ADOPT-A-CLASSROOM PARTIES. The prevailing party shall be entitled to reimbursement of reasonable attorneys fees and expenses.

14. NO WAIVER; SEVERABILITY. Any failure by Adopt-A-Classroom to enforce any of its rights under this Policy or applicable laws shall not constitute a waiver of such rights. If any provision of this Policy shall be deemed unlawful or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions hereunder.

15. CONTACT INFORMATION. The contact information for Adopt-A-Classroom is:

Adopt-A-Classroom, Inc.
4141 NE 2nd Avenue, Suite 203B
Miami, FL 33137
Attn: Executive Director
Tel: 877.444.7666
Fax: 305.674.0665
executivedirector@adoptaclassroom.org