Updated January 31, 2019
1. Acceptance of Terms
Adopt-A-Classroom, Inc., d/b/a AdoptAClassroom.org (“AAC”) requires that all visitors (“you”) to its website, AdoptAClassroom.org, and its other sites (collectively, the “Sites”) or users of its information services available on the Site (the “Services”), agree to all the terms and conditions in this Terms-of-Use Agreement (the “Terms”). By accessing and using the Sites and/or Services, you indicate your acknowledgement, assent to, and acceptance of these Terms, as they may be amended from time to time. As used in these Terms, “we,” “our,” and “us” means AAC unless otherwise indicated.
If you do not accept these Terms, you may NOT use the Sites or Services. We may amend these Terms at any time by posting the changed Terms to the Sites. We encourage you to check these Terms each time you access the Sites. Your continued use of the Sites and Services indicates that you agree to the most current version of the Terms posted on the Sites.
Use of the Sites and/or Services is void where prohibited. By using the Sites and/or Services, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older; and (3) your use of the Sites and/or Services is for a lawful purpose and does not violate any applicable law or regulation, including privacy and data collection laws. Your use of the Sites and/or Services may be terminated without warning if we believe that you are in violation of any of these Terms.
2. Who is AdoptAClassroom.org?
AAC is a 501(c)(3) not-for-profit corporation. We at AAC are dedicated to improving educational opportunities in the United States by engaging citizens who wish to help teachers and schools purchase supplies for their classrooms. The Sites and Services provide you with access to an online collection of information, materials, and services related to AAC and its work, including text, pictures, photographs, audio, video, graphics, logos, marks and images (collectively, “Content”), all of which are subject to these Terms. Unless stated otherwise, any new Content added to the Sites and Services, and all revisions, modifications, and enhancements thereof, will be covered by these Terms effective upon the date of each such addition.
3. Binding Agreement
AAC’s Privacy Notice is part of these Terms, and these Terms include and incorporate by reference AAC’s Privacy Notice. Please see our Privacy Notice for details. By accepting these Terms, you agree to abide by the terms of AAC’s Privacy Notice.
4. Proprietary Materials.
We welcome you to our Sites and Services, and we invite you to use them within the following rules:
You may use the Sites, Services, and Content solely for the purposes stated in these Terms.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites or Services, in any manner, without your receipt of the prior express written authorization of AAC.
The information on the Sites, the design and layout of the Sites, including the Services and Content, contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in these Terms. All Content materials on and underlying the Sites are copyright of AAC or are licensed or otherwise used by AAC with permission. Except where noted otherwise, all rights to these materials are reserved by AAC or their respective owners. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used unless expressly permitted in writing by AAC.
The Sites, Services, and Content may be changed or updated by us from time to time, without notice. Although AAC cannot monitor the conduct of users of the Sites and/or Services, it is a violation of these Terms to use the Sites, Services, or Content or any information obtained therefrom in to harass, abuse, or harm another person, or to contact, advertise to, solicit or sell to any person. Any unauthorized use of the Sites, Services, or Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
If you believe that your work has been copied in a way that constitutes infringement of your intellectual property rights, please provide AAC (address below) with the following information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
· A description of the intellectual property that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the Sites;
· Your address, telephone number, and email address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.AAC’s agent for notice of claims of intellectual property infringement can be reached as follows by mail or electronic communication:
401 2nd Ave N Ste 305
Minneapolis, MN 55401
Attn: Executive Director
Please note that, due to security concerns, attachments will not be accepted. Any notification of infringement submitted electronically with an attachment will not be opened or processed.
5. Provisions Specifically Applicable to Teachers and School Administrators
The following provisions are applicable to licensed teachers or school administrators (collectively, “Educators”) seeking funds from donors through AAC.Educators, by registering your classroom or school on these Sites, you promise that:
(1) You are currently employed as a licensed teacher or school administrator in an accredited K-12 school in the United States, or in a preschool program that is based in an accredited K-12 school in the United States;
(2) that any materials that you receive or use from AAC donations are to be used exclusively for the purposes of supporting the educational needs of students in your classroom or school and are not used for any personal purpose not directly related to your work in support of the educational needs of students in your classroom or school; and
(3) all information you provide to AAC is accurate, and you will promptly update the information to keep it accurate, including but not limited to promptly updating your school name and address on the Sites if you should change employment, and deactivating your classroom on the Sites in the event you are no longer employed as a licensed teacher or school administrator.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password for access to the Sites, and you shall not share your user ID and password with anyone else. You will not use anyone else’s user ID or password and agree to only have one account; multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify AAC of any unauthorized use of your user ID, password, or account. You are solely responsible for any all use of your account and for any actions that take place using your account.
All Educators who receive donations through the AAC Sites and/or Services agree that they must make use of such donated funds within one calendar year of the date of the donation. Failure to make use of donated funds within one calendar year of the date of the donation will result in the donated funds being redirected in accordance with these Terms.
All Educators who receive donations through the AAC Sites acknowledge that any products that are purchased through AAC using funds donated to AAC for use by a classroom teacher are deemed to be the property of the school that the products are shipped to unless otherwise agreed between the teacher and the school principal.
You agree, represent, and warrant that, by using the Sites and/or Services or submitting any information to us (personal or otherwise), you are in compliance with your school and/or school district’s policies and procedures. You agree, represent, and warrant that you shall take all responsibility and shall assume sole liability for any violation of your school and/or school district’s policies or procedures caused by your use of the Site and/or Services, or caused by your submission of any information to us (personal or otherwise). AAC expressly disclaims any liability for failure to comply with your school’s and/or school district’s policies and procedures.
You agree that if you provide thank-you notes from your students that they shall not contain any of the personal information that will identify the student. You also agree, represent, and warrant that, by submitting any photograph depicting your students or students at your school to AAC, you (1) have obtained verifiable written permission from each student’s parent/legal guardian; (2) such permission grants AAC the right to use the photograph in accordance with these Terms; and (3) submitting the photograph(s) to AAC complies with that permission, school regulations, school district policies, and any other applicable laws, rules, or regulations.
You hereby grant to AAC a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sublicensable license to use the materials (such as thank-you notes and photographs) that you submit, and portions thereof, in furtherance of AAC’s purposes and activities and to promote AAC and its programs, in any medium, and AAC may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for AAC’s purposes, whether or not your classroom is funded.
AAC reserves the right to exclude any Educators from use of the Sites, in AAC’s sole discretion.
Recognizing the critical importance of these restrictions in protecting the rights and privacy of students and Donors, you agree that any breach by you of any of these restrictions may cause AAC and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and you agree that AAC may seek immediate legal action against you and that you waive any objection to the scope or venue of such action.
6. Provisions Specifically Applicable to Donors
The following provisions are applicable to donors (“Donor” or “Donors”) making donations to Educators using AAC’s Sites and/or Services:By becoming a Donor, you promise that:
(1) You are a U.S. citizen at least 18 years old;
(2) All information you provide to AAC is accurate, and you will update the information to keep it accurate; and
(3) Any donation you make is legal in your jurisdiction.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor). You shall not share your user ID and password with anyone else, use anyone else’s user ID or password, or let anyone else use your user ID or password. You agree to exit from your account at the end of each session and to immediately notify AAC of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of AAC.
In addition to the rights of AAC described elsewhere in these Terms, Donors agree that any photographs of students, thank-you notes from Educators or their students, and other materials that AAC may send to Donors regarding their donations are for that Donor’s personal, non-commercial use and may not be distributed, displayed or copied in any way.
Recognizing the critical importance of these restrictions in protecting the rights and privacy of Educators and their students, you agree that any breach by you of any of these restrictions may cause AAC and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and you agree that AAC may seek immediate legal action against you and that you waive any objection to the scope or venue of such action.
We take reasonable steps to protect the privacy of any personal and financial information you may provide to us when you donate through the Sites and/or Services as described in our Privacy Notice.
AAC reserves the right to exclude any Donor from use of the Sites and/or Services, in AAC’s sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you.
By making a donation to an Educator, a Donor understands and agrees that Educators are allotted one year from the date of each donation to use the Donor’s donated funds for such classroom purposes as they may choose in accordance with these Terms.
In instances when an Educator acknowledges receipt of donated funds but does not make use of such funds within one calendar year of the date of donation, AAC will redirect the donation at its discretion to (1) an under-served classroom selected by AAC in accordance with AAC’s selection criteria; or (2) one of AAC’s funds named on the Sites.
Although a Donor may recommend an Educator to benefit from his or her donation, consistent with AAC’s charitable mission, AAC retains full authority at all times to use the donation in the most effective way possible in AAC’s discretion.
You may terminate these Terms by destroying all materials obtained from the Sites, cancelling your Donor or Teacher account, as applicable, and stopping all use of the Sites. AAC may terminate these Terms immediately at will for any reason, in its sole judgment and discretion, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.
To enforce these Terms, or in the event of behavior that AAC, in its sole discretion, determines to constitute harassment of any person, AAC may suspend and/or terminate your access to and use of the Sites/Services with or without notice. You understand and agree that AAC shall be entitled to receive preliminary injunctive relief against you without the necessity of posting bond, along with all other legal and equitable remedies against you with respect to enforcing these Terms.
8. Disclaimer of Warranties
AAC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITES AND/OR SERVICES. AAC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITES AND/ OR SERVICES FURNISHED OR TO BE FURNISHED VIA THE SITES. AAC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITES/SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS IN THE SITES/SERVICES WILL BE CORRECTED. THE SITES/SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Disclaimer and Limitation of Liability
YOU UNDERSTAND AND AGREE THAT AAC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT AAC AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES/SERVICES, EVEN IF THERE IS NEGLIGENCE BY AAC OR AN AUTHORIZED AAC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
10. Third Party Websites.
The Sites may provide links to other websites (“Linked Sites”) as a convenience to you. Such Linked Sites are not maintained by AAC, and AAC is not responsible for the content, products, services, policies, or activities of those Linked Sites. The inclusion of any link on the Sites to such Linked Sites does not imply endorsement by AAC of the Linked Sites.
11. Third Party Websites Seeking to Hyperlink to the Sites.We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and AAC. If this is not the case, please do not link to the Sites. AAC reserves the right to rescind the right to link to its Sites at its sole discretion.
You agree to indemnify and hold AAC and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of any Sites/Services in breach or violation of any term of these Terms; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any Content or other materials you provide to AAC.
13. Geographic Restrictions
AAC is based in the State of Minnesota in the United States. The Sites and Services are directed at persons located in the United States, and we provide the Sites and Services for use only by persons residing in the United States. We make no claims that the Sites, Services, or any Content is accessible or appropriate outside of the United States. Access to the Sitse and/or Services are not intended for use by persons located outside of the United States. By using the Sites and/or Services, you affirm that you reside in the United States, and you consent to the collection, storage, processing, and transfer of your information in and to the United States, pursuant to the laws of the United States, and the State of Minnesota. AAC does not knowingly collect, use, or disclose information of European Union residents.
14. Governing Law
These Terms are governed by the laws of the State of Minnesota, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. If any provision of these Terms is deemed to be unlawful or unenforceable by an arbitrator, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
15. Resolution of Disputes
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating to use of the Sites/Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and AAC. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Minneapolis, Minnesota, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Minneapolis, Minnesota. You submit to the non-exclusive jurisdiction of the state and federal courts presiding in Minneapolis, Minnesota, over any such claims regarding the arbitrator’s decision, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or AAC may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Minneapolis, Minnesota, as may be necessary to protect the rights or property of you or AAC pending the completion of arbitration.
If AAC takes any legal action against you to enforce these Terms, you will promptly reimburse AAC’s reasonable attorneys’ fees and any and all costs incurred.
16. Availability of Sites/Services
AAC’s objective is to make the Sites/Services accessible 24 hours a day/7 days a week. AAC may, however, interrupt, limit, or suspend the Sites/Services’ operations at any time for any purpose, including but not limited to maintenance, addressing technical issues, conducting audits, and complying with applicable laws or regulatory bodies. AAC will make reasonable efforts to post notices on the Sites in advance of material changes to the Sites and/or Services.
17. Contact AAC
If you have any questions about the Sites/Services or these Terms, you may contact us via e-mail at [email protected] or at:
401 2nd Ave N Ste 305
Minneapolis, MN 55401
Attn: Executive Director
We are always glad to hear your questions and comments.
18. Entire Agreement
These Terms, including the provisions specifically applicable to Donors and Teachers, and other policies and notices AAC may post on the Sites necessary for access to Donor and Teacher portions of the Sites, constitute the entire agreement between AAC and you in connection with your use of the Sites, Services, hyperlinks to the Sites, and the Content displayed on the Sites, and supersedes any prior agreements between AAC and you regarding such matters, including prior versions of these Terms. AAC may update these Terms from time to time by posting revised versions of these Terms on the Sites, without notice to you except that the effective date at the top of these Terms will change and your subsequent use of the Sites is governed by those new Terms. These Terms are effective until terminated by AAC, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in these Terms will survive.
These Terms were last updated on January 31, 2019.