Welcome to SchoolSquare! Please read these Terms of Use (“Terms” or “Agreement”) carefully. SchoolSquare is an LLC that owns and operates the SchoolSquare website and associated sites ( “Sites” or “Site”). Throughout this Agreement, “we,” “our,” and “us” means ScoolSquare.com unless otherwise indicated.

To use the Sites, you represent that:

You are a U.S. resident physically located in the United States;

You are at least 18 years old

You agree to comply with this legally-binding Agreement; and

You have all necessary rights and authority to use this Site and SchoolSquare.com’s services, including (but not limited to) the right to upload content, and you have received all necessary permissions from any educational institution, school district.

If you do not have the necessary authority, or if you do not agree with any of the terms in this Agreement, then you may not use the Sites. Any use of the Sites in violation of this Agreement is prohibited.

Important Note for Teachers

As specified below, you ensure that any content you post on the Site:

Does not violate any local laws, regulations, or policies of your school and school district, and

Does not contain pictures of or information about any student without express written permission from the student’s parent(s) or legal guardian(s).

Services

This section outlines the services that our Sites provide, and that are covered in these Terms.

SchoolSquare.com connects public school teachers (as defined below) with classroom volunteers.

Our Proprietary Materials

This section provides information on what you can and can’t do with the Content found on our Site.

SchoolSquare.com owns (or is licensed to use) the Sites, and the trademarks, service marks, and logos within it. These are protected by copyright, patent, trademark, and other intellectual property laws of the United States and other countries, as well as by international treaties and conventions.

The Site, including its Content, may be used solely for your personal, informational, and non-commercial purposes. You can use our logo and other Content found on www.donorschoose.org/media in alignment with the Brand Guide. Outside of the Content found on www.schoolsquare.com, you may not modify, copy, scrape, augment, delete, distribute, transmit, reproduce, publish, license, monetize, create derivative works from, transfer, or sell the Content you access through our Sites, except that you may view the Site and its Content in their present form. All other uses of the Site and Content require prior written consent from SchoolSquare.com. All rights to this Content are reserved by SchoolSquare.com or their respective owners, except where noted otherwise.

We grant you limited rights to link to our Sites. By publishing a link 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 SchoolSquare.com. If this is not the case, you may not link to any Site. SchoolSquare.com reserves the right to rescind the right to link to its Sites at its sole discretion.

Use and Restrictions

This section outlines the things that you can and can’t do when accessing or using our Sites, regardless of whether you’ve set up an account.

You are responsible for using the Sites according to the Terms, and you are responsible for your activity on the Sites and for all activity that occurs under your account, should you choose to create one.

If you create an account, you agree to:

Only provide information that is true and accurate, and to promptly update that information in the event of any change;

Maintain the confidentiality of your user name and password;

Maintain only one account; and Use the Sites in compliance with all applicable laws, regulations, and institutional policies.

You will not use the Sites to:

Harm, threaten, abuse, disrespect or harass other users, or share content that is unlawful, vulgar, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically, or otherwise objectionable;

Impersonate another user or provide false information;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Sites;

Damage or interfere, or attempt to damage or interfere with the proper working of the Site or surreptitiously intercept any system, data, or personal information from the Site. This includes transmitting any material to the Sites that contains viruses, worms, files, programs, or other computer code designed to disable, interrupt, destroy, redirect, monitor another’s usage, or to limit or otherwise inhibit the functionality of any computer software, hardware, or telecommunications equipment;

Intentionally or unintentionally violate any applicable law;

Resell, decompile, reverse engineer, disassemble, or otherwise convert the software underlying the Sites; or Monitor the Site’s availability, performance, or functionality for any competitive purpose, or develop a competing product or service using the Content available on the Site;

Any unauthorized use of the Site or its Content may subject you to civil or criminal liability and may result in DonorsChoose.org terminating your use of the Site. DonorsChoose.org reserves the right to exclude any user from the site, including any Teacher or Donor, at its sole discretion.

You recognize that if you breach these Terms, it may cause SchoolSquare.com and others to suffer irreparable loss, damage, and harm in an amount not easily ascertained. You therefore agree that DonorsChoose.org may immediately seek an injunction against you to stop your distribution, display, or copying of any such content, and you waive any objection to the scope of such an action.

SchoolSquare.com may preserve any content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, applicable laws, or government requests; to enforce these Terms; to respond to claims that any content violates the rights of third parties; or to protect the rights, property, or personal safety of DonorsChoose.org, its users, or the public.

If any content you upload or post to the Site contains your name, image, or likeness, you hereby release and hold harmless DonorsChoose.org and its contractors and employees from all claims of invasion of privacy, publicity, libel, or any other claims made by you or any successor to such claim in connection with the content you provided.

Copyright Issues

This section describes the process you agree to should there be any copyright concerns regarding Content on our Sites.

We will process and investigate clear notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy.

Our designated agent for notice of alleged copyright infringement is:

SchoolSquare LLC

45 Forest Ave.

South Portland, ME

04106

simon@schoolsquare.com

Disclaimers

This section describes how the use of the Sites is at your own risk, and that SchoolSquare.com makes no warranties of any kind.

You expressly understand and agree that your use of the Sites, including the Content and resources and experiences funded through use of DonorsChoose.org, is at your sole risk. The Site and all Content are provided on an “as is” and “as available” basis, without warranty of any kind. DonorsChoose.org hereby expressly disclaims all warranties and conditions with regard to this Site and the Content, including without limitation, all express or implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

SchoolSquare.com makes no warranty that: (i) this Site and its Content: are accurate, complete, timely, continually available, uninterrupted, virus-free, or error-free; (ii) the results that may be obtained from the use of the Site or its Content will be reliable; (iii) any errors in the Content will be corrected; and (iv) the Site or the service that makes it available are free of viruses or other harmful components or free of any breach of security (including data breach). In addition, we make no representation about the suitability of the Content for any purpose. You (and not DonorsChoose.org) assume the entire cost and risk of using this Site and its Content. DonorsChoose.org retains the right to restrict use of the Sites, in any manner it deems appropriate.

Limitation of Liability

This section explains how we are not liable for any damages resulting from your use of our Sites.

In no event shall SchoolSquare.com, its agents, affiliates, licensors, and service providers, and, in each case, their directors, officers, representatives, employees, subcontractors, advisors, volunteers, or anyone else who has been involved in the creation, production, or delivery of the Sites and the content contained thereon (collectively “SchoolSquare.com and its Affiliates") be liable for any damages whatsoever, including, without limitation: direct, indirect, punitive, incidental, special, consequential, or exemplary damages, damages for loss of products, use of data or other intangible losses resulting from the use of any of the Sites, the content contained thereon, or any linked site, or with the delay or inability to use the Sites or the Content contained thereon, (including any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or equipment or network failure) whether based on contract, tort, strict liability, or otherwise, even if there is negligence by SchoolSquare.com and/or any authorized SchoolSquare.com representative or any person has been advised of the possibility of such damages.

You understand and agree that your use of the Sites is predicated upon your waiver of any right to sue SchoolSquare.com and its affiliates and to participate in any class action suit for any losses or damages resulting from your use of the Sites. Where applicable law does not permit the limitation of liability, implied warranties, or the exclusion or limitation of certain damages set forth above, the aggregate liability of SchoolSquare.com shall not exceed one hundred dollars ($100).

SchoolSquare.com has no control over the conduct of or any information provided by Volunteers, Teachers, or any user(s), and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law, including, but not limited to, any errors or omissions in the content, for any loss of any kind incurred as a result of the use of any such content.

Termination

This section describes how this Agreement can be terminated by you or SchoolSquare.com, and what you agree to when that happens.

You may terminate this Agreement by contacting us to cancel your Donor or Teacher account, as applicable, and stopping all use of the Sites.

SchoolSquare.com may take any action against you that we deem necessary or appropriate if we believe that you are violating the Terms, infringing any intellectual property right or other right of any person or entity, violating any law, or creating liability for SchoolSquare.com. We will take all appropriate legal action, including, without limitation, referral to law enforcement. We may also terminate, suspend, or limit your access to all or part of the Site and the Content for any or no reasons, including, without limitation, any violation of this Agreement, in our sole judgment, and without warning or prior notice.

Severability and Construction

If any provision of this Agreement is unlawful, void, or unenforceable, the remaining provisions will remain in effect. The section headings are for convenience only and do not have any force or effect.

Resolution of Disputes & Governing Law

This Agreement contains a binding arbitration provision which may be enforced by the parties.

Any controversy or claim arising out of or relating to your use of any Site or this Agreement must be brought within one (1) year after the cause of action arises, or such claim or clause of action is barred, and 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 DonorsChoose.org. 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.

Any dispute, controversy, or claim arising out of or related to this Agreement or the Site is governed by the laws of the State of New York, USA and controlling United States federal law (excluding any rules of law that would lead to the application of the laws of any other jurisdiction and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods).

Indemnification

You agree to indemnify, defend, and hold SchoolSquare.com and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages, or penalties including reasonable attorneys' fees incurred in connection with any claim made by any third party due to or arising out of the following

Your use of any Site or Content in violation of any term of this Agreement or any applicable law or regulation;

Breach of your representations and warranties as set forth in these Terms;

Any content you provide to DonorsChoose.org or the Site;

Any technical, security, or other disruption to the Site or systems transmitting the Site to you to the extent such disruption is related to your actions;

Any action taken by us during or as a result of any investigation by us into you.

You agree that you’ll cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you..

Contact SchoolSquare

If you have any questions about the Sites or this Agreement, you may contact us via e-mail at simon@schoolsquare.com. You can also send questions or comments to the address below.

We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. This Agreement includes and incorporates by reference SchoolSquare’s Privacy Policy. By accepting the terms of this Agreement, you agree to abide by the terms of this Privacy Policy.

Entire Agreement

This Agreement, including the terms specifically applicable to Volunteers and Teachers, and other policies and notices SchoolSquare.com may post on the Sites, constitute the entire agreement between SchoolSquare and you in connection with your use of the Sites and supersedes any prior agreements between SchoolSquare and you regarding such matters, including prior versions of this Agreement. The terms of this Agreement are effective until terminated. In the event of termination, the disclaimers, limitations of liabilities, and indemnities set forth in this Agreement will survive.

Updates to this Agreement

We may revise this Agreement at any time. By your continued use of the Sites, you agree to be bound by future revisions. If we make a material change to this Agreement we may post advance notice on the Site, and if you are a Teacher or Volunteer with an active account, we may also notify of any such changes via the email we have on file for you, or otherwise as required by law, and request your consent to such changes.