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Home > Shop > Terms of Service

ClassWish.org/Shop Terms of Service

Your participation in any part of the ClassWish.org website is subject to the ClassWish User Agreement and ClassWish Eligibility Requirements. This document, the ClassWish.org/Shop Terms of Service, sets forth additional terms for your participation in the ClassWish.org/Shop program.

1. Links to Third Party Sites
We will display links to other websites or display content from third parties. We have no control over, nor are we responsible for, nor do we endorse any such websites, products, services, or content. You agree that You access such websites and content at Your own risk and are solely responsible for Your interaction with the same.

2. Affiliate Fees and Donations to Nonprofit Organizations
When you click a merchant banner on our site, we will open the site in a tab or window. We will do so using a link that we believe will earn an affiliate fee from the merchant on qualifying transactions.
That link will include an identifier so that the affiliate fee report we receive from the merchant will identify which school, nonprofit, or educator page (each, an “Educator”) of ClassWish you were on when you clicked the merchant banner. That will indicate to us which school, nonprofit, or educator you wish us to support with a donation to their wish list.

Affiliate payments from merchants will allow us to donate to the ClassWish.org wish list account of such Educator an amount equal to 75% of the affiliate fee reported to us and paid to us for such qualifying transaction. We endeavor to show the expected donation as a percentage of the purchase price, but we rely on third-party information; that information may change from time to time; merchants may pay different amounts on different categories or items; and clerical errors by us or others we rely on may cause us to display inaccurate information there. We are not responsible for any such errors or discrepancies. A donation will be made to the Educator’s wish list account only as set forth above, based on 75% of actual affiliate fees paid to us by merchants.

You acknowledge that these arrangements are operated by third parties and are not under the control of ClassWish. We do not set the criteria for what constitutes a qualifying transaction nor the amount of the affiliate fee paid on a qualifying transaction.

The amount of potential donations is determined by data provided to us by third parties. ClassWish 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 cannot assure You that the applicable third party will remit funds to us even if You have satisfied the criteria for a qualifying transaction. We are not responsible for any such third party's failure for any reason to report transactions or to pay funds to us. You acknowledge that no donation will be credited to any Educator wish list account until we have received the funds from the applicable third party and that the amount eligible for donation is based on the amount that we actually receive from the third party, net of any chargebacks, refunds, or other amounts payable to or offset by the third party.

If we determine that an Educator on ClassWish.org is not eligible pursuant to the ClassWish User Agreement and ClassWish Eligibility Requirements, then we will not credit it with donations and we may remove any donations already credited to it, if possible. If that occurs, we are not obligated to direct the donation to any other organization or educator.

Although OneCause tries to ensure that all transactions are tracked and credited, no system is perfect. If You believe that an eligible transaction You completed has not been credited to Your account within 120 days of the date of the transaction, please contact us at feedback [AT] ClassWish.org. Please include the receipt, the name of the merchant and the amount and date of the transaction, Your name, address and email address registered with ClassWish.org if you were logged in at the time of the transaction, as well as the address to which you had the items sent. We will investigate the matter with the applicable third party.

To be eligible to generate a donation through the online shopping program, You must begin Your online shopping session by clicking a merchant banner on one of the shopping pages of ClassWish.org and then make a qualifying purchase.

If You initiate a purchase but complete it after a different session, or if You click on other links to other webpages before completing the purchase, then Your purchase may not be a qualifying purchase. Items returned after purchase will invalidate part or all of the original eligible purchase.

If you have software or a toolbar installed on your computer (including without limitation one from GoodShop, OneCause, iGive, or another shopping portal site), which redirects links to another affiliate, then ClassWish will not earn an affiliate fee and will not make a donation pursuant to your transaction. Please remove any such software or toolbar to ensure that your shopping earns ClassWish.org donations for the Educator you intend to support. You can typically remove such software or toolbar via the ‘Add or Remove Programs' Control Panel or directly from the Toolbar.

3. Crediting donations to Educator wish list accounts
ClassWish will use its reasonable best efforts to donate to Educator wish list accounts within ten business days of receiving such funds and reports thereon from the merchants. ClassWish will not be liable for any delays in that funding schedule.

4. Use of donations to Educator wish list accounts
Educators may use the funds in their wish list accounts to obtain resources only in accordance with the ClassWish user agreement. Pursuant to that user agreement, the Educator requests materials from ClassWish, which purchases the items and donates them to the Educator’s school or nonprofit organization for the Educator’s use. Please see the User Agreement for a more thorough explanation. In the case of donations that are directed to a school or nonprofit, ClassWish will select a person from that organization, which in the case of a school may be the principal or the leader of a parent-teacher organization, to represent the organization. ClassWish will only donate materials. It will not disburse funds.

ClassWish attempts to fulfill Educator requests for materials in a reasonably timely manner, but it is under no obligation to meet any particular time frame and is not responsible for delays caused by itself, merchants, manufacturers, or others.

5. Coupons
ClassWish.org /Shop seeks to obtain coupons and special deals from its online merchant partners. Please note that to receive credit on ClassWish.org /Shop for an eligible transaction, you can use only the coupons provided by ClassWish.org /Shop. Also, please note that some merchants may not accept coupons, discounts or other arrangements that are offered on our website. In the event of any dispute over any coupon, discount or other promotion, the amount, scope and duration of such offers are up to these online merchant partners, and we make no representation that any coupons or special deals will be available to You.



DISCLAIMER OF WARRANTIES
ALL SERVICES OFFERED THROUGH THIS WEBSITE ARE PROVIDED "AS IS, WHERE IS" AND "AS AVAILABLE."

CLASSWISH 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 OR ANY SERVICES OR OFFERINGS OFFERED HEREIN 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 this web site 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. Your failure to so notify us on a timely basis shall mean that You accept such services, and we shall thereafter have no liability whatsoever with respect to such 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. Any reperformance or provision of substitute or replacement services shall in no event be construed as an admission that the original service was nonconforming or otherwise improper, and Your acceptance of the same constitutes Your sole remedy and in such case constitutes our maximum liability for any such alleged breach of these Terms.

IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON CLASSWISH OR ANY RELATED PARTY, THEN YOU AGREE THAT THE TOTAL LIABILITY OF CLASSWISH OR ANY RELATED PARTY, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES, TO YOU WILL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). YOU RECOGNIZE AND ACKNOWLEDGE THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE, IN LIGHT OF THE FACT THAT CLASSWISH IS PROVIDING THE SERVICE TO YOU AT NO CHARGE TO YOU.

NONE OF CLASSWISH OR ANY 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 ClassWish web site, these Terms or any other written ClassWish policy must be filed within ninety (90) 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 ClassWish any 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:
1. any misrepresentation or breach of any representation, warranty, or covenant made by You in these Terms,
2. any conduct, or activity, error or omission by You, including in relation to Your participation in the ClassWish web site or use of any service provided therein,
3. any violation by You of any law, regulation or rule, and/or
4. any actual or alleged infringement by You of any Intellectual Property Rights or other rights of any person.

ClassWish may, at its election in its sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by You. ClassWish 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.

Terms of Services updated November 27, 2013

ClassWish Eligibility Requirements

ClassWish invites leaders of FIRST Robotics teams and also invites teachers, student teachers, substitute teachers, part-time after school teachers, staff developers, librarians, guidance counselors, school nurses, coaches, principals, administrators, other school employees directly serving students in an educational capacity, and officers acting on behalf of school Parent Teacher Association units recognized by the National Parent Teacher Association and on behalf of other parent teacher organizations (collectively, “Educators”) in K-12, public, magnet and charter schools, and private and parochial that are exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, and that are in the 50 states or the District of Columbia (collectively, “Allowed Schools”) to create wish lists (“Wish Lists”) indicating the supplies and equipment they need for their students to excel and to submit requests (“Requests”) for ClassWish to provide particular items funded by contributions to such Wish Lists.

Funded Requests cannot be transferred to another Educator.

In order to register on ClassWish.org and create Wish Lists and Requests, you must attest to the following:

  • I confirm that I am a leader of a FIRST Robotics team or am an Educator in an Allowed School, as those terms are defined above;
  • The activities for which I intend to use any items received through ClassWish are legal and fall within the standards of my state and/or local board or department of education, and the policies of my school or, in the case of FIRST Robotics team leaders, fall within the standards of FIRST Robotics;
  • All information I provide to ClassWish is accurate, and I will promptly update the information to keep it accurate;
  • Any Requests I submit and any funding or items I receive are solely for use in my classroom and/or school, or in the case of FIRST Robotics team leaders are solely for use by my FIRST team, and any items I request through ClassWish will not be for my or anyone else’s personal use;
  • I agree that any items provided to me by ClassWish shall become and remain the property of (i) the school to which ClassWish has them delivered, and I will not take such items to another school, or (ii) in the case of a FIRST Robotics team such items provided to me by ClassWish or purchased with funds provided to me by ClassWish shall become and remain the property of the FIRST Robotics team or, if such is dissolved, shall become the property of FIRST Robotics.
  • I commit to including in my Wish Lists and Requests only items that will benefit my students’ education, including extracurricular activities, and to use any items that I receive from ClassWish only for such purposes.
  • I agree that in the event that ClassWish determines that any items I received through ClassWish are not being used in accordance with these Eligibility Requirements, I will return such items to ClassWish at my expense. In the case of FIRST teams, ClassWish may rely on the determination of FIRST Robotics in this regard.

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