Terms and Conditions

Preamble & Introduction

Welcome to WHATINEEDFORSCHOOL.COM (“the Site”), which is owned and operated by Classified Solutions LLC (“the Company”). We are committed to providing a safe environment for children, parents and all users of this site. Parents and legal guardians (“Parents”) can restrict a children’s participation in the programs offered by the Site by refusing to provide a Parental Identification Number (“PIN”). Without a PIN children’s participation in the programs offered by the Site will be limited. Our Privacy Policy is an integrated part of the terms of use of this Site and is incorporated into these terms and conditions.

For the protection of children and all users under the age of 18 they cannot communicate, register or use the Site without express parental permission, and even then only to the extent that the Parent selects. We will never ask your child to provide any Personal Information to us without consent of a parent or guardian. Parental or guardian authorisation shall be required in order for us to obtain a child’s name, birth date, gender and school.

1. Accounts

You may join the Site by registering an account with us. There are various types of accounts that may be created in relation to the Site. All account holders by registering, operating and using the relevant account agrees to abide by these terms and conditions, including any updates, amendments and alterations which may be periodically made to these terms and conditions, and to conduct itself in a manner consistent with the spirit of these terms and conditions.

1a. Child Accounts

When you register for a Child Account, parents will be asked to pre-register themselves in order to obtain a parental identification number (“PIN”). You will be asked for certain personal identifying information, such as first and last name, e-mail address, credit card number, and physical address (“Personal Information”), as well as other demographic information, such as zip code and School District information. For all accounts which relate to persons under the age of 18, a Parent must provide us with the first name, gender and birth date of each child enrolled, and for other members they add to the Family Account, the individual’s first and last name, e-mail address and relationship to the child. Please do not submit Personal Information for any person other than yourself and your own child(ren) without such person’s permission to do so. In the event that we suspect that accounts are being registered without the requisite parental consent we reserve the right to suspend and or terminate such accounts at our absolute discretion. In order to register a child account then the child will need to obtain parental consent, and provide a copy of their parental identification number (“PIN”). By allowing a child access to a PIN parents are providing informed consent for their child or children to register an account with the site. Upon completion of the child account registration process, the email account registered to the PIN shall be notified by an email.

Child accounts may be able to participate in raising funds for their school using the Site as a platform. It should be noted that the Site is merely a platform through which Organizations may organize their funding drives. The site is not offering to fundraise for any one school or organization.

In the event that Child accounts are authorized to participate in fundraising, by a parent or legal guardian, then the account holder may derive a financial benefit from the Site. Any such financial benefit shall be paid by the Site, at the company’s discretion as to both time and date, to the bank account specified by the parent or legal guardian related to the child account holder. In the event that the parent or legal guardian does not provide bank account information then the Company may elect to make a payment by check mailed to the account holder’s registered home address. At no time will the Company mail any check to a third party address, checks can only be mailed to the registered home address of the account holder by regular United states Postal Mail Service. In the event that further information is required to process the transaction then that information shall be provided within seven days.

In the event that such information is not provided then the account and any related activity may be unilaterally suspend until such information is provided to the satisfaction of the company.

1b. School/Organization Account

Schools and or other education establisment (the Organization) may open an account with the site. By opening such an account the Organization warrants that it is a bona fide group School and agrees that it shall upon request furnish such information as may be required to demonstrate the bona fide credentials of the Organization. Such information must be provided within seven (7) business days of it being requested by the Site. The School/Organization account permits the Organization to co-ordinate its fundraising via the platform. It should be noted that the Site is merely a platform from which Organizations may organize their fundraising. The site is not offering to fundraise for any one school or organization it is merely a platform or tool which Organizations may deploy in their own fundraising campaigns. By registering through the site, Organizations will be granted a non-exclusive license to use the tools and resources provided by the site.

Any funds raised through the platform shall be distributed at a date and time to be decided at the discretion of the Company. School/Organization accounts may receive their funds raised via the platform by either check, electronic payment, ACH or wire payment. In order to facilitate such a payment the School/Organization shall provide all requisite details to the Company within 10 (ten) business days of any such request made by the Company. In the event that the School/Organization fails to provide the said requisite information the Company shall be entitled to reserve making any payment until such time as all such information has been provided.

In the event that the School/Organization does not organize, run or utilise the site for its fundraising campaign, then Company may pay any funds raised upon behalf of the School/Organization to the School/Organization as a restricted payment basis. Restricted payment basis means that the funds may only be apply for a particular purpose, for example a restricted payment for information technology, may only be utilized to directly enhance the teaching of information technology within that particular School/Organization.

1c. Parent Account

Parents may authorize their child or children to register for a Child Account. Every Child Account requires the authorization of a parent, in order to accomplish this Parents will be required to register and obtain a Parental Personal Identification Number (“Parental PIN”). By registering for a Parental PIN parents recognize and affirm that they are the legal parent or guardian of the relevant child, that they authorize the Company to collect and utilize data relating to both their usage and the child’s usage of the site. Parents further agree that the Company will at all times not be liable and be held harmless for all physical, emotional and actual injury caused by, or resulting from the child’s use of the site or any promotions advertised by the site. By opening an adult account, obtaining a Parental PIN or allowing your child or children to open a child account you agree that you have read these terms and conditions in full and agree to be bound by the clauses set out herein.

1d. Business/Advertiser Account

When you open a business/advertiser account you warrant that you are a bona fide lawful business. By opening such an account the applicant warrants that it is a bona fide business group and has authority to open such an account on behalf of the said business. The applicant also agrees that it shall upon request furnish such information as may be required to demonstrate the bona fide credentials of the said business/advertiser. Such information must be provided within seven (7) days of it being requested by the Site. In the event that such information is not provided then the account and any related activity may be unilaterally suspend until the evidence is provided to the satisfaction of the company.

Upon opening a business/advertiser account the account holder will be entitled to place adverts, advertisements and/or promotions upon the site. The content of such adverts, advertisements and/or promotions shall be suitable for the site’s audience at large and the Company reserves the right to refuse and or remove adverts, advertisements and/or promotions which in its opinion it considers to be either illegal, immoral, and or illicit.

The site offers business/advertisers account holders many different levels of promotion. The basic services are available for all business/advertisers account holders. Basic services include the ability to place adverts, advertisements and/or promotions for free upon the Site. Placement and positioning of all basic service adverts, advertisements and/or promotions is at the sole discretion of the Company. Enhanced adverts, advertisements and/or promotion packages are available upon the payment of the relevant fee. Such enhanced adverts, advertisements and/or promotions shall permit the business/advertisers account holder to specify the date, and time of such promotions as well as the target audience. All fees relating to the enhanced adverts, advertisements and/or promotion packages shall be paid by either debit or credit card at the time such adverts, advertisements and/or promotion package is ordered, via the site or its independently appointed third party.

In the event that such adverts, advertisements and/or promotion packages are not delivered in a timely manner as specified then the business/advertisers account holder shall be entitled to a full refund only. At no time shall the Site or the Company be liable to the business/advertisers account holder for damages whether actual or anticipated or loss of revenue arising from the Site’s failure to deliver such adverts, advertisements and/or promotion packages in a prompt and timely manner.

1e. Royalties Account

Individuals, including legally recognized individuals such as trusts, companies and corporations, (the account user) may either elect to register for a royalty account or purchase a royalty, or royalties through the Site. In this agreement a royalty is a payment of a percentage of the receipts in an individual school or school district to the holder of the royalty by a Company. Neither the site nor the company suggests, represents, solicits or intents the royalty to be a security either at law or in equity, and by opening a royalty account the account user recognizes and agrees to the same. Upon purchase of a royalty the account user shall be known as the royalty holder. The royalty holder is not responsible for contributing funds for any purpose associated with operating the site, or the company, including operating or capital costs, or environmental or other liabilities. The royalty holder does not obtain any material interest in either company or the site and is merely entitled to a percentage of the revenues generated by the individual school or school district through the site.

The Company may make individual school districts, private schools, colleges or educational institutions available at its sole discretion. Registering for a royalty account does not entitle the account user to purchase a royalty relating to any one area, school, district, or institution. The royalty account merely permits the account user to inquire with regard to the availability of a particular area, school and or district. Any information set out upon the Site shall not be considered a unilateral offer to purchase the royalty. Each royalty is individually priced, according to the formula dictated by the Company. In the event that an individual elects to purchase a royalty then that individual shall make payment through a third party payment site, pursuant to the terms and conditions laid down by the individual third party payment site. At all times the parties to the royalty agreement shall be the Company and the named legal individual. At no time shall the Company or the Site be liable for the actions of that third party payment site. Upon receipt of the payment the Company shall make the said royalty available to the named legal individual subject to a cooling off period of three (3) business days. During the cooling off period the Company may at its absolute discretion rescind the offer of the royalty, and return all monies paid by the legally named individual. All monies shall be refunded to the payer via the relevant third party payment site with the said cooling off period.

2. Types of Information We Collect

a. Account Registration Information. When you register for an Account, we may ask you for certain personal identifying information, such as first and last name, e-mail address, credit card number, and physical address (“Personal Information”), school information, as well as other demographic information, such as zip code. By providing such information you consent to us holding, using and retaining such information. b. Refer-a-Friend. You may use our Site tools to invite friends to join our Site; we use the names and email addresses you provide to send the invitation.

3. Tracking and Technology

To ensure to enhance your experience of the Site and deliver customized content, we use a variety of technologies, such as cookies, that automatically collect and store certain Site usage information, such as browser type, operating system, the page served, and your IP address. If you disable certain technologies, parts of the Site, may not operate to its full capacity.

4. How We Use the Information Collected

Data and information collected on the Site is used for a variety of purposes including the administrative and internal business purposes, such as Account registration and maintenance, to enhance the Site and your experience. We will always notify via our privacy policy as to when and how we utilise your data and information. We encourage you to review the terms of our privacy policy the contents of which are integrated into these terms and conditions.

5. How Account Administrators Can Access, Change, or Delete Information Provided to the Site

Every Account has one designated Account Administrator. For Child Accounts, a Parent must always be the Account Administrator. For School/Organization Accounts, an adult must always be the Account Administrator. All Accounts have management tools, accessible via the ‘My Account’ link on the Site, that permit an Account Administrator to access, change, or delete information provided to the Site through an Account. For Child Accounts, the Account Administrator may add and remove Account members, as well as link and unlink their Account to other Accounts. For School/Organization Accounts, the Account Administrator may add and remove access, change, or delete information provided to the Site through the relevant Account. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable. When you edit or delete your information, such information may nonetheless persist internally for our administrative purposes. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules. If a Parent believes that Personal Information of his or her child is on the Site in a manner that the Parent has not authorized, the Parent may contact us as set forth below in Section 8.

6. When We Might Disclose Information to Third Parties

We may share your Personal Information collected on the Site with suitably vetted third parties for their marketing purposes. We may share non-personally identifiable information, such as aggregated user statistics, with third parties such as our business partners. On occasion, we may send commercial messages to adult members about Site offerings or products or services designed to enhance their Site experience. We may also send you information regarding the products, services or offers of third parties such as our business partners but you may always choose to stop receiving these messages as well, simply by following the instructions contained in the message.

We may share your information, including Personal Information, with third parties who perform certain services for us relating to the Site, such as to process credit cards. We may also share your information, including Personal Information, with law enforcement agencies in response to a subpoena, to governmental agencies conducting an investigation, or if otherwise needed to protect the personal safety or property rights of any individual or our Site. We may share and transfer your Personal Information if all or a portion of our assets are sold or transferred to another company or entity. We never share your Personal Information collected on the Site with third parties for their marketing purposes.

7. Communications To or From Us

You may communicate with us using the details set out in the “Contact Us” link available on the Site. You should note that we may not always be able to respond to them immediately, although we will endeavour to respond within 7days of receiving your communication. From time to time, we may send commercial messages to adult members about Site offerings or products or services designed to enhance their Site experience. We reserve the right to send select third party offers or promotions. Of course, you may always choose to stop receiving these messages by following the instructions contained in the message. You can also opt out of certain online advertising content by visiting http://www.networkadvertising.org/managing/opt_out.asp. We may invite adult members to receive updates and information about the Site through a social networking mobile application or website.

Members of the site may also receive Account-related communications, such as information about updated Site’s policies. Unlike commercial messages, offers, or promotions, members may not opt to stop receiving these Account-related messages as long as you are a Site member.

8. Children’s Privacy Notice

We do not ask children to provide any Personal Information while using the Site. In compliance with the Children’s Online Privacy Protection Act, however, we obtain the consent of Parents in order for children under 18 years of age (“Children” or “Child”) to use the Site in any manner that could result in the Child submitting Personal Information. For example, when a Parent authorizes their Child to use our site, the Child could disclose their Personal Information to others. Thus, Parents authorizes us to collect, store and distribute the Child’s Personal Information to Site members as expressly designated by the Parent. Additionally, we may link certain information collected through a variety of technologies that automatically collect certain information whenever a Child interacts with the Site, as described in Section 3. We may also share a Child’s information as set forth in Section 6. Classified Solutions LLC, located in the United States of America is the operator of this Site. Questions regarding this Privacy Policy and issues related to your Children’s Personal Information should be directed to us via any of the following methods:

Mailing address: 6650 West State Street Suite 257 Wauwatosa Wi 53213 E-mail address: childprivacy@whatineedforschool.com

9. Links to Other Sites

Areas of the Site open to children will have links to third party web sites. Linked websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. At no time can we be held responsible for the content of such third party web sites. We encourage you to review the privacy policies and information collection practices of those linked websites.

10. Consent to Transfer Information to the United States

The Site is operated in the United States. If you are located outside of the United States, the information we collect from you will be transferred to and processed in the United States. The U.S. data protection laws may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States, according to laws of the United States. When you use our Site or provide any information to us, you consent to the transfer, processing, and storage of your information in the United States.

11. Security

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. Please be aware that no data transmission or storage can be guaranteed to be 100% secure. We cannot warrant the security of information you transmit to us, and you use our Site and provide us with your information at your own risk.

12. Promotions and information available upon the Site

At no time shall the Company be responsible for, liable for offers or promotions offered upon the Site. The site is not an offeree of promotions or offers but merely a platform where members may offer adverts, advertisements and/or promotions. At all times any adverts, advertisements and/or promotions are the responsibility of the advertising or promoting party. The company is not a party to such adverts, advertisements and/or promotions.

13. Changes to Our Privacy Policy

We may change this Privacy Policy at any time and such changes will come into effect when we post the revised Privacy Policy. We will not use Personal Information collected on this Site in a manner materially different than what was stated at the time it was collected without your consent.

14. Amendments to this Agreement

We may change or modify this Agreement (including the Policies) at any time without further notice and such changes or modifications will become effective upon being posted to the Site. We will indicate at the top of its first page the date this Agreement was last revised. If you do not agree to abide by this or any future versions of the Agreement, do not use or access (or continue to use or access) the Site or Services. It is your responsibility to check the Site regularly to determine if there have been changes to the Agreement and to review such changes.

15. Disclaimers

WE DISCLAIM ANY AND ALL RESPONSIBILITY, TO YOU AND ALL OTHERS, FOR HARM RESULTING FROM YOUR FAILURE TO ABIDE BY ANY LAW, POLICY OR OTHER LIKE PROVISION. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO WARNINGS AND DISCLAIMERS FOUND ELSEWHERE IN THIS AGREEMENT, NEITHER THE SITE, ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS AND OTHER REPRESENTATIVES (HEREINAFTER REFERED TO AS “WHATINEEDFORSCHOOL”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WHATINEEDFORSCHOOL DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ANY SERVICE. NO OPINION, ADVICE OR STATEMENT OF WHATINEEDFORSCHOOL OR ITS USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. WHATINEEDFORSCHOOL DISCLAIMS ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.

WHATINEEDFORSCHOOL DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND FOR ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SERVICE AND YOUR RELIANCE THEREON. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.

16. Limitation of Liability

NEITHER WHATINEEDFORSCHOOL NOR ANY OF OUR PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES (HEREINAFTER, “WHATINEEDFORSCHOOL”) ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DAMAGES FOR LOSS OF BUSINESS, BAD GRADES, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY SERVICE OR ANY LINKED SITE, EVEN IF STUDYBLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL WHATINEEDFORSCHOOL’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF ONE HUNDRED DOLLARS ($100 ). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE OR ANY SERVICE, FROM INABILITY TO USE THE SITE OR ANY SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY SERVICE (INCLUDING ANY SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF MATERIALS, OR OTHER SERVICES OR GOODS, ITEMS OR MERCHANDISE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT, IN OR THROUGH THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LEGAL LIABILITY, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WHATINEEDFORSCHOOL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET, SOFTWARE, HARDWARE AND COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, EPIDEMIC, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, AND NON-PERFORMANCE OF THIRD PARTIES.