TERMS OF SERVICE FOR PARTICIPATING SUPPORTERS
If you are a representative of a school benefiting from Better Schoolhouse’s service, please click here to see our school-specific Terms of Service.
User Terms of Service
Welcome to Better Schoolhouse! We, and schools around the country, appreciate your efforts to provide desperately needed funds for our country’s schools!
These Terms of Service (the "Terms") govern your participation in the Better Schoolhouse Community, including your use of any services offered by Better Schoolhouse (collectively, the "Better Schoolhouse Community"). By using the Better Schoolhouse platform, you agree to abide by these terms.
These Terms are between Better Schoolhouse, a wholly-owned subsidiary of Lucky Pacific Networks, LLC, a California, USA. limited liability company ("BSH" or "Better Schoolhouse" or "we", "us" or "our") and you ("Supporter"). Each of Supporter and Better Schoolhouse are referred to herein as a "Party" and collectively as the "Parties".
1. Membership
Sign-Up
When you sign up for Better Schoolhouse, you agree to provide truthful, accurate and complete information – after all, our ability to provide opportunities for you to earn cash for your school depends on it. Anyone found to have provided fraudulent, misrepresented, or otherwise untruthful information upon registration or to our partners may have that account revoked, and potentially blocked from using Better Schoolhouse in the future.
By signing up, you verify that you are at least 13 years of age and a resident of the United States. Our service is not designed to solicit or collect information from users younger than 13.
Voluntary Participation
Your participation on Better Schoolhouse’s platform is of course purely voluntarily and either you or Better Schoolhouse may terminate your participation in the Better Schoolhouse Community at any time.
While the vast, vast majority of our Supporters are trying to do the right thing for America’s schools, we take fraud very seriously. Supporters trying to disrupt, hack, spoof, or generally defraud the service will have their accounts revoked. In addition, we reserve the right to prosecute Supporters to the fullest extent of the law.
Upon termination, all rights and obligations of the Parties under this Agreement shall be extinguished, although any undelivered funds to your chosen school may still be delivered at Better Schoolhouse’s discretion.
2. Contributions to Schools & Nonprofit Organizations
Payments By Better Schoolhouse
BSH is a participant in various arrangements with certain third parties that offer our users the opportunity to earn contributions for their designated school.
If you complete an eligible transaction (for example, provision of lead data to a BSH merchant), then the third party is obligated to remit funds to Better Schoolhouse, which will then contribute a portion of those funds in your name to your designated school in accordance with the details listed below.
We have strong working relationships with our merchants and partners. However, you acknowledge that these offers are provided by third parties which are not under the control of Better Schoolhouse. We do not necessarily set the criteria for what constitutes an eligible transaction, nor always determine the amount that is to be paid to BSH as a result of an eligible transaction, and cannot guarantee that the applicable third party will remit funds to us even if you’ve satisfied the criteria for an eligible transaction. The amount of potentially eligible contributions is determined by transaction data provided to us by third parties. BSH is not obligated to confirm, and does not warrant or guarantee, the accuracy, truth or completeness of any data provided by such third parties. We are not responsible for any such third party’s failure to pay funds to us. No contributions will be made to a school or nonprofit organization until we have received the commitment from the applicable third party to pay the funds. The amount eligible for is based on the amount that we actually receive from the third party and net of any chargebacks, refunds, or other amounts payable to or offset by the applicable third party. The Website does not determine which purchases are eligible for contributions, nor the percentage of the purchase price that is remitted to the Website.
The eligible portion of funds paid to us are allocated to schools selected as beneficiaries by our users. Such allocated funds are held in a BSH account until such time as the total contributions to the school, from supporters within the Better Schoolhouse Community, have exceeded a threshold established by BSH (currently $50 at the end of a given month). Users, nor their designated schools, have a claim to any interest earned by such funds.
If the $50 threshold is not reached for a particular school, BSH will make royalty payments to said school on a quarterly basis in United States Dollars. Payments of amounts due may be accompanied with reports detailing how the amount due was calculated, and which users earned those funds.
3. Other Important Terms
Accuracy of Information
You agree to provide truthful and accurate information to our merchants and partners when completing an offer. Offers with information determined or perceived to be incorrect will be void, and offending users may have their ability to use Better Schoolhouse revoked.
Consent to receive email
You hereby consents to the receipt of all communications from us electronically through either (i) access to your account on our website or (ii) the email address that you provide to us in your account information. You of course can also choose to remove yourself from most emails.
Fraud, Abuse, etc.
You will not, and will not knowingly permit other persons to, engage in any fraudulent, abusive or illegal activity in connection with your participation in the Better Schoolhouse Community.
User-Generated Content
Better Schoolhouse may provide opportunities for our users to provide their own content to the site via discussion forums, blogs, comments, etc. Better Schoolhouse takes no responsibility for this content, nor for any images, links, programs, or any other information provided by our users, as this content is not reviewed by Better Schoolhouse before posting. We reserve the right to remove any content, or to prevent any user from submitting content.
Covenant Not to Solicit
During this Agreement and for a period of 6 months after termination of this Agreement, you agree you will not, without the prior written consent of Better Schoolhouse, knowingly solicit, directly or indirectly, Better Schoolhouse’s existing clients, service providers or merchants, for the purpose of providing or receiving a service competing or substantially similar to any of our services.
Compliance with Laws
You agree that your use of the Better Schoolhouse Community shall comply at all times with all applicable federal, state, provincial and foreign laws, ordinances, rules, regulations, orders, judgments and decrees.
Customer Privacy
In connection with the performance of its duties under this Agreement, you agree that, any user data, lead data, or shopping transaction data derived or collected hereunder shall be owned by BETTER SCHOOLHOUSE.
4. Other Legal Terms
DISCLAIMER OF WARRANTIES
THE BETTER SCHOOLHOUSE COMMUNITY AND ALL SERVICES OFFERED THROUGH THE BETTER SCHOOLHOUSE COMMUNITY ARE PROVIDED "AS IS, WHERE IS" AND "AS AVAILABLE." BETTER SCHOOLHOUSE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, ADVERTISERABILITY, COMPLETENESS, CURRENTNESS, SECURITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OF THE BETTER SCHOOLHOUSE COMMUNITY OR ANY SERVICES OR OFFERINGS OFFERED THEREIN OR THAT YOUR USE OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation On Liability
If you reasonably determine that any service provided through the Better Schoolhouse Community does not materially meet our obligations under these Terms, then you must notify us in writing within ten (10) days of receiving any such allegedly nonconforming services. If you provide us with such a notice, we may, at our sole discretion, reperform the service in question or otherwise provide you with any substitution or replacement services in lieu thereof.
IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON BETTER SCHOOLHOUSE OR ANY BETTER SCHOOLHOUSE RELATED PARTY, THEN YOU AGREE THAT THE TOTAL LIABILITY OF BETTER SCHOOLHOUSE OR ANY BETTER SCHOOLHOUSE RELATED PARTY, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES, TO YOU WILL NOT EXCEED THE AGGREGATE AMOUNTS PAID BY BETTER SCHOOLHOUSE UNDER THIS AGREEMENT DURING THE PRIOR TWELVE (12) MONTHS.
YOU RECOGNIZE AND ACKNOWLEDGE THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE, IN LIGHT OF THE FACT THAT BETTER SCHOOLHOUSE IS PROVIDING THE SERVICE TO YOU AT NO CHARGE TO YOU.
NONE OF BETTER SCHOOLHOUSE OR ANY BETTER SCHOOLHOUSE RELATED PARTY WILL BE LIABLE TO YOU (WHETHER IN CONTRACT OR BASED ON WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, EVEN IF SUCH PERSON WAS AWARE THAT SUCH DAMAGES COULD RESULT.
Any claim or cause of action arising out of your use of the Better Schoolhouse Community, these Terms or any other written BSH policy must be filed within one hundred twenty (120) days after such claim or cause of action arose or be forever barred.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless BSH any BSH Related Parties, and its and their directors, officers, employees, agents, subcontractors and representatives for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that directly or indirectly arise out of or are based on;
- any misrepresentation or breach of any representation, warranty, or covenant made by you in these Terms;
- any conduct, or activity, error or omission by you, including in relation to your participation in the Better Schoolhouse Community or use of any service provided therein;
- any violation by you of any law, regulation or rule, and/or; any actual or alleged infringement by you of any Intellectual Property Rights or other rights of any person. BSH may, at its election in its sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
BSH may participate in the defense of all claims as to which it does not assume defense and control, and you shall not settle any such claim without our prior written consent.
Amendments; Changes to Better Schoolhouse Community
BSH may, at any time, add to, remove or otherwise amend any or all terms, conditions and/or other provisions of these Terms. We may also, in our sole discretion, add, remove, suspend or discontinue any aspect of the Better Schoolhouse Community.
YOUR CONTINUED USE OF THE BETTER SCHOOLHOUSE COMMUNITY AND/OR ANY SERVICE OFFERED THEREIN AFTER NOTICE IS GIVEN TO YOU OF ANY CHANGE TO THE BETTER SCHOOLHOUSE COMMUNITY, OR AMENDMENT TO THESE TERMS ON OUR COMPANY BLOG OR OTHER COMMUNICATION MECHANISM SHALL CONSTITUTE YOUR BINDING AND LEGALLY ENFORCEABLE AGREEMENT TO SUCH CHANGE OR AMENDMENT. IF YOU DO NOT WISH TO ACCEPT SUCH CHANGE OR AMENDMENT, THEN YOU MUST TERMINATE YOUR ACCOUNT WITH BETTER SCHOOLHOUSE AND CEASE USING THE BETTER SCHOOLHOUSE COMMUNITY.
Effects of Termination
Upon any termination of these Terms, your right to use the Better Schoolhouse Community will terminate, and any and all licenses and rights granted to you under these Terms shall immediately cease and terminate.
All rights or remedies arising out of a breach of any of these Terms shall survive any such termination of these Terms. Any provision which by its terms are intended to survive any expiration or termination of these Terms, will survive any expiration or termination of these Terms.
Your representations and warranties in these Terms shall survive execution, delivery, acceptance, performance, expiration or termination of these Terms.
Independent Contractors
The parties are independent contractors and nothing in these Terms shall confer upon either party any authority to obligate or bind the other in any respect.
Force Majeure
BSH shall not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, giant meteors, fires, flood, epidemics caused by diseased monkeys, storm, alien invasion, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet facilities, or any other cause which is beyond the reasonable control of Better Schoolhouse.
Assignability
You shall not assign or delegate any of the rights or obligations under these Terms, and any such attempted assignment or delegation shall be void. Subject to the preceding sentence, these Terms are binding on and inures to the benefit of the respective successors, heirs and assigns of each party.
Severability
If any portion of these Terms are held by a court with jurisdiction to be invalid or unenforceable, the remaining portions hereof, shall remain in full force and effect.
If any provision of these Terms shall be judicially unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction.
Governing Law; Consent to Jurisdiction; Jury Trial Waiver
These Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflicts of law principles.
You consent to the personal and exclusive jurisdiction of the Federal and California State courts sitting in San Mateo County, California, USA. EACH PARTY WAIVES RIGHTS TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF THIS AGREEMENT.
The U.N. Convention on the International Sale of Goods shall not apply to these Terms.
Entire Agreement; Third Party Beneficiaries
These Terms are the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of these Terms and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter.
There are no third party beneficiaries of these Terms. The headings of sections or other subdivisions of these Terms will not affect in any way the meaning or interpretation of these Terms.
Notices
Notices to you also may be made via e-mail, regular mail, overnight courier or facsimile at your contact addresses of record as provided to us through your sign-up information. If you provide notice to Better Schoolhouse, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: Better Schoolhouse, Care of Lucky Pacific Networks, LLC, 115 Everett Avenue, Third floor, Palo Alto, California, 94301.
Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by an authorized personnel member of Better Schoolhouse.
