User Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

I Love Schools, Inc. ("ILS") requires that all visitors ("you") to ILoveSchools.com (the "Site"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using this Site, you indicate your acknowledgement and acceptance of this UA. As used in this Agreement, "we", "our", and "us" means ILS unless otherwise indicated.

Purpose of the Site

ILS is a charity that provides school supplies and equipment at no cost to teachers who are registered with iLoveSchools.com ("Teachers"). The supplies and equipment we provide to Teachers are donated either in kind or through online donations from the public ("Donors"). The purpose of the Site is to facilitate this program by allowing Teachers to identify needed supplies and equipment, and to allow Donors to make donations to help satisfy these needs.

Eligibility.

By using the Site, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Site; and (3) your use of the Site does not violate any applicable law or regulation. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions.

Binding Agreement.

By using our Site, you agree to be bound by this UA, whether you are a visitor, Teacher or Donor. The use of the Site (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Donors and Teachers, which are described below.

Our Proprietary Materials.

We welcome you to our Site and we invite you to use it within the following rules:

  1. The Site provides you with access to an online collection of information, materials and services related to ILS and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Site, displaying the Content, and utilizing the functionality offered through the Site ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Site and all revisions, modifications, and enhancements to the Site, the Content or the Software will be covered by this UA effective upon the date of each such addition.
  2. You may use the Site, Content and Software solely as and for the purposes stated on the Site and as described in this UA.
  3. No text, logo, graphic, sound, image, photograph or Software published on or underlying the Site may be copied, modified, published or otherwise distributed or used without the prior express written permission of ILS.
  4. 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 Site, in any manner, without your receipt of the prior written authorization of ILS.
  5. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Site to a human perceivable form.
  6. The information on the Site, the design and layout of the Site, the Content and Software 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 Site or in this UA.
  7. All Content, Software and materials on and underlying the Site are copyright © 2009 I Love Schools, Inc. or are licensed or otherwise used by ILS with permission. Except where noted otherwise, all rights to these materials are reserved by ILS or their respective owners.
  8. ILS neither warrants nor represents that your use of Content, Software or any other materials displayed on the Site will not infringe rights of third parties.
  9. "iLoveSchools.com", iLoveSchools.com logo, "DonorOffer", "WishList", "ClassroomFriend" are trademarks and/or service marks of I Love Schools, Inc., which reserves all rights to its marks and logos. Individuals appearing on the Site do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.
  10. All Site Content and functionality, and all Software underlying the Site, may be changed or updated by us from time to time, without notice. ILS monitors the conduct of users of the Site, and it is a violation of this UA to use the Site or any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Site. Any unauthorized use of the Site, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

Making Donations to I Love Schools.

  1. Donations to fund specific Wishlist items may be made by cash, check, credit card or other means. All donations must be directed to I Love Schools, Inc. 4306 Cass St. San Diego CA 92109. Use of our electronic payment facility to make donations creates a rebuttable presumption that each such donation has been correctly directed to I Love Schools, Inc.
  2. All donations become the property of I Love Schools, Inc. when they are made and may only be used for the purposes for which they were intended, subject to the rules set forth in this UA. Every effort will be made to use the funds for the specific purpose intended by the Donor, but in the event it is impractical, impossible, or unreasonable to do so, the funds will be used for such other charitable purpose as the board of directors of I Love Schools in its sole discretion, determines is appropriate.
  3. All donations are non-refundable except in cases of fraud or other misuse, or if the person making the donation was not authorized to do so, subject to appropriate documentation.
  4. Contributions to I Love Schools, Inc. are tax deductible, except to the extent that the Donor personally benefits from the contribution. Please consult your tax advisor if you have any questions regarding the deductibility of your contribution.

Special Provisions Relating to Donors

By creating a Donor account, you promise that:

  1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
  2. All information you provide to ILS is accurate, and you will update the information to keep it accurate; and
  3. Any donation you make is legal in your jurisdiction.
  4. 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) for access to Donor-related portions of the Site, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor or Teacher at any time. You agree to exit from your account at the end of each session and to immediately notify ILS 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 ILS.
  5. ILS reserves the right to exclude any Donor from use of the Site, at ILS's sole discretion. All directions and requirements stated on the Site regarding Donors or donations shall apply to any donation offered or made by you.
  6. If a partially funded WishList item does not reach complete funding within one year of the date it was originally posted on iLoveSchools.com, ILS may, at its discretion, issue account credits to donors who made contributions for the WishList item. A donor can use these account credits to fund a new WishList item within 30 days of receiving the credits. After 30 days, ILS will apply the account credits to a new project on behalf of the donor (similar in subject area and region to the project originally selected, if possible).
  7. Infrequently, a Teacher will move from one school to a different school while they have active WishLists available for funding on our site. Until the teacher alerts us to their move, the school information associated with any WishLists posted on the website may not accurately reflect the new school at which they are teaching. In addition, we may deliver the resources requested by that Teacher to their classroom at their new school, even if some or all of the WishList donations were received before the Teacher's school information was updated on our website.
  8. If, for any other reason, the WishList remains inactive or partially funded (i.e., the Teacher no longer works at the specified school or no longer requires the requested materials, or the Teacher is no longer in good standing with ILS, etc.), all donations made to the WishList will be returned to the Donor as account credits which will then follow the procedure outlined above.

Special Provisions for Teachers

By submitting a WishList, you promise that:

  1. You are a licensed teacher, librarian, guidance counselor, coach or other public or private school employee directly serving students and currently employed at the school you identified when you registered with the Site or have subsequently changed;
  2. You agree that the resources requested, the photographs of students, and other materials that you provide in connection with each WishList item you request are solely for your professional, non-commercial use and that you have obtained permission to post all such materials to the Site.
  3. The resources you request will not be used for personal benefit;
  4. All items in your WishList are legal and approved for use within the standards of your board of education for the purposes intended; all information you provide to ILS is accurate, and you will promptly update the information to keep it accurate;
  5. Any requests you submit are solely for you and your class and are not on behalf of any other teacher or class; and
  6. You have full rights to any ideas, descriptions and materials you submit to ILS, and that you (and not ILS) are solely responsible for such submission, including its legality and propriety, and use of any such ideas, descriptions or materials by ILS will not infringe on the rights of any third party.
  7. You will be responsible for the use and maintenance of the confidentiality of your user ID and password for access to Teacher-related portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Member at any time or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify ILS 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.
  8. From time to time, ILS or a third party on ILS's behalf may send you emails regarding important information regarding your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an "opt-out" feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.
  9. You hereby grant to ILS a perpetual, irrevocable, worldwide, non-exclusive, royalty free license to copy, publish, display, create derivative works and make other uses of any materials and/or portions thereof submitted by you to the Site in furtherance of ILS's purposes and activities and to promote ILS and its programs, in any medium and license others to do the same, for ILS's purposes, whether or not your WishList items are funded.
  10. ILS reserves the right to exclude any Teachers from use of the Site, at ILS's sole discretion.
  11. Teachers may change, edit or revise their WishLists at any time; however, they may not make such changes if (a) donations have been received to support the original WishList item and, (b) in ILS sole discretion, the new item(s) lack a reasonable relationship to the original WishList items. In some cases ILS may request the permission of previous donors prior to allowing WishList items to be changed.
  12. In the event a Teacher fails to comply with the terms of this UA, the Teacher may, at ILS's option, be excluded from future use of the Site.
  13. Requests for resources made through the Site are not confidential, even if the request is marked "Confidential."

Disclaimers.

  1. We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. ILS retains the right to restrict use of the Site in any manner it deems appropriate.
  2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ILS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ILS MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability.

  1. IN NO EVENT SHALL ILS, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY "ILS AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITE OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITE, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE ILS AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
  2. YOU UNDERSTAND AND AGREE THAT ILS 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 ILS 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 SITE, EVEN IF THERE IS NEGLIGENCE BY ILS OR AN AUTHORIZED ILS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
  3. ILS is not responsible for the success of any proposed or funded WishLists or for the activities (or lack thereof) of the Teachers or students participating in any proposed or funded WishLists.

Third Party Websites.

  1. The Site may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by ILS, thus ILS is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by ILS of the Linked Sites.
  2. 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 ILS. If this is not the case, please do not link to any Site. ILS reserves the right to rescind the right to link to its Sites at its sole discretion.
  3. Use of any ILS trademark, service mark or other intellectual property or content provided by ILS for a hyperlink to a Site is permitted and licensed by ILS solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by ILS, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by ILS.

Termination

You may terminate this UA by destroying all materials and/or information obtained from the Site, cancelling your Donor or Teacher account, as applicable, and stopping all use of the Site. ILS may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials and/or information obtained from the Site and stop all use of the Site.

No Spam Policy

You understand and agree that sending unsolicited email advertisements to I Love Schools, Inc. email addresses or through I Love Schools, Inc. computer systems, which is expressly prohibited by these Terms, may use or cause to be used servers located in California. Any unauthorized use of I Love Schools, Inc. computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Paid Postings

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the UA. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the UA.

Miscellaneous

This UA is governed by the laws of the State of California, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or State courts located in San Diego, California. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, 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.

Resolution of Disputes

THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating use of the Site 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 ILS. 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 San Diego, California, 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 San Diego, California, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or ILS may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in San Diego, California, as may be necessary to protect the rights or property of you or ILS pending the completion of arbitration.

Indemnification

You agree to indemnify and hold ILS 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 Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to ILS.

Contact ILS

If you have any questions about the Site or this UA, you may contact us via e-mail at inquiry@iLoveSchools.com. We are always glad to hear your questions and comments.

Entire Agreement

This UA, including the terms specifically applicable to Donors and Teachers, and other policies and notices ILS may post on the Site necessary for access to Donor and Teacher portions of the Site, constitute the entire agreement between ILS and you in connection with your use of the Site, hyperlinks to the Site and the Content and Software displayed on the Site, and supersedes any prior agreements between ILS and you regarding such matters, including prior versions of this UA. ILS may update this UA from time to time by posting revised versions of this UA on the Site, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by ILS, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.