Terms and Conditions
SchoolHeart, Inc.
User Acceptance of Terms
Please read the following information carefully:
  1. www.schoolheart.com (hereinafter SH) provides you with this fundraising internet website and related services such as offering for sale any products or services; soliciting for advertisers or sponsors; conducting auctions or contests; displaying a sponsorship banner of any kind, including those that are generated by banner or link in exchange for services; and displaying banners for services that provide cash or cash-equivalent prizes, subject to your compliance with the terms and conditions as set forth below. Your continued use of this site evidences your agreement to them.
  2. SH runs advertisements and promotions on its websites. By creating your SH site, you agree that SH has the right to run such advertisements and promotions.
  3. SH services are FREE with no membership dues or fees for schools, students or teachers.
  4. School shall receive 60% of all SH advertising revenue and 50% of all hCard® discount card revenue. School will be paid on the 15th of each following month.
  5. SH offers schools, vendors, consumers, parents and students a number of convenient features designed to facilitate funding and related services.
  6. Current services for schools consist of, but are not limited to the following:
  7. Schools retain their own customized website including any and all listed features.
  8. Mailing list management include email addresses, distribution lists for fundraising, marketing, information, contests and prizes, welcome letters, thank you notes, private messaging, etc.
  9. Members are automatically added to these lists and may opt out at any time.
  10. Members may from time to time be asked to participate in a feedback forum.
  11. SH may coordinate special programs or events from time to time.
  12. Members may securely shop at the SH shopping section for select products and special offers.
  13. Members may sign up for SH hCard® and receive price reductions and/or other benefits at selected merchants and vendors on the SH program.
  14. SH, in association with its sponsor base, may from time to time offer redeemable gift certificates and other prizes.
  15. SH shall be in no manner liable to you or any third party in the event that SH modifies or discontinues its services. Unless explicitly stated otherwise, any modifications or changes to the services shall be subject to this Agreement.
  16. Use of the services requires both access to the World Wide Web or the equipment necessary to connect thereto. SH is in no way responsible for providing you with any form of access to the World Wide Web, or the necessary connection equipment.
  17. Pursuant to your use of the SH services, you agree to the following:
    a. To provide accurate and complete personal information about school personnel or you're your school upon enrollment in SH.
    b. To update and maintain the accuracy of the Registration Data and to notify SH in a prompt and timely manner of any changes to the Registration Data
    c. Not to obstruct or interfere with the services in any manner
    d. Not to use the services in an improper or fraudulent manner or in any manner inconsistent with the spirit and purpose of the services. The spirit of the website is determined by SH at its sole discretion.
    e. In addition, you agree to abide by the terms of SH Privacy Policy, which is posted on the SH website.
    f. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
  18. As a registrant or member of SH, you will select a password which will allow you access to secure areas of the SH website and to your Registration Data. You can update your Registration Data at any time by visiting the Member login. You agree to assume responsibility for any activities in your Member account. SH shall not be responsible or liable whatsoever for any activity in your Member Account.
  19. From time to time SH may send you email regarding your membership and special offers.
  20. You may terminate your relationship with SH at any time by logging in to the back office and select the cancel option.
  21. SH may, at its sole discretion, terminate a Member Account and/or deny you access to the services (in whole or in part), for any reason, with or without notice to you, and shall not be liable to you or any third party for any termination of a Member Account or access to the services.
  22. SH promises to safeguard Registration Data and other personal and organizational information acquired and maintained by SH. For more information about how we protect your information, please review the SH Privacy Policy on our website.
  23. When a Member signs up for SH, the Member must complete the SH online Registration form.
  24. SH makes no assertions or claims regarding the tax consequences of your use of the services.
  25. Your interaction with third parties found on or located through the services, including, without limitation the purchase or sale of goods or services, and any other related terms, conditions, warranties or representations, are solely between you and such third party. SH is not responsible for the availability or content of other sites that may be linked to the SH website. SH in no way endorses such other sites. You explicitly agree that SH shall have no liability whatsoever for any loss or damage of any sort related to or resulting from your interaction with any third parties.
  26. SH reserves the right to reject or terminate any merchant, sponsor or member for unsuitable business practices, products, services or websites that include but are not limited to promoting sexually explicit materials, violence, discrimination, illegal activities, violating intellectual property rights, or anything which in the sole judgment of SH contains material that is defamatory, fraudulent, or harassing to us, the school, sponsors, members or any third party.
  27. You acknowledge and agree that the services and the underlying software contain proprietary and confidential data and are protected by intellectual property, trademark, patent and other laws. You also acknowledge and agree that the content of the SH website and the websites of its Members are similarly protected by intellectual property and other laws.
  28. You agree not to (and not to allow any third party to) use, copy, modify, create a derivative work of, reverse engineer, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the services, the underlying software, or the content of the SH website or the websites of its Members, except as expressly permitted by SH and the Members concerned.
  29. "SchoolHeart®" and the SH logo and slogans are trademarks of SH. You may not use or display "SchoolHeart" or the SH logo without the express prior written permission of SH.
  30. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SCHOOLHEART MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
  31. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SH, ITS ACCOUNT SUPERVISORS, AREA MANAGERS, OR ITS MEMBERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  32. YOU ACKNOWLEDGE AND AGREE THAT SH (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, OR AGENTS) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY, RELATING TO YOUR USE OF THE SERVICE (EVEN IF SH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SH AND ITS MEMBER SCHOOLS ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE; RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.
  33. SH'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, IF ANY.
  34. You agree to indemnify and hold SH, parents, students, vendors, subsidiaries, affiliates, officers, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the services.
  35. This Agreement constitutes the entire agreement between you and SH, superseding any and all other agreements with respect to the subject matter of this Agreement.
  36. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the North Carolina state courts.
  37. If any one or more provisions of this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
  38. New or updated Services may be licensed to you by SH with additional or different terms.
  39. Notice: Any notices may be made via email or regular registered mail.
  40. Waiver of any breach or failure to enforce any term of this Agreement shall not be deemed a waiver of any breach or right to enforce which may thereafter occur.
If you have any questions regarding this Agreement, or if you wish to request any information from SH, please contact us at support@schoolheart.com.


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