1. Acceptance of Terms

YourSchoolMate provides a collection of products (FundMate, CommunityMate, etc...) subject to the following Terms of Service ("TOS"). By using the YourSchoolMate products ("Services") in any way, you agree to comply with the TOS. In addition, when using particular YourSchoolMate Services, you agree to abide by any applicable posted guidelines for all YourSchoolMate Services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with YourSchoolMate in any way, your only recourse is to immediately discontinue use of YourSchoolMate.

2. Modifications to this Agreement

YourSchoolMate, and its owner Business IT Labs, reserve the right, at their sole discretion, to change, modify or otherwise alter these TOS at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself aware of any changes. You can find the most recent version of the TOS at: http://YourSchoolMate.com/terms.html

3. Account Terms and Security

You must be 13 years or older to use this Service. You must be a human - accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. Your login may only be used by one person – a single login shared by multiple people is not permitted. Your may create separate logins for as many people as you'd like. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify YourSchoolMate of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. YourSchoolMate cannot and will not be liable for any loss or damages arising from your failure to comply with this Section.

YourSchoolMate is designed around organizations and groups that support K-12 (Kindergarten through 12th grade) communities. You must be an authorized member or representative of the organization (or group) with which you register. YourSchoolMate is not liable for the addition or deletion of other Administrators and Members as part of your organization. It is the responsibility of the Administrators to manage which users should have access to their organization information and the privileges of that user with respect to the Services offered for their organization.

4.  Payments, Refunds and Disbursement

You, as a user of Services that require payment, agree to provide a valid credit card or PayPal account. You must be authorized to use this credit card or PayPal account in accordance with the terms of the issuing 3rd party. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. YourSchoolMate Services collect payments (donations, fees, etc...) on behalf of registered users and the organizations they represent. You and your organization are responsible for collecting and paying any state or local sales taxes associated with the fees collected through YourSchoolMate. Payments collected on behalf of the user and their organization will be subject to processing fees reflected in the YourSchoolMate pricing plan. It is the full responsibility of the Administrators of the organization to provide and maintain valid Accounting Information that specifies the individual person authorized by the organization to receive the disbursement check from YourSchoolMate. YourSchoolMate does not provide refunds for funds collected on behalf of an organization. Refunds to contributors are the sole responsibility of the organization and its registered users working directly with the payee outside of YourSchoolMate. Disbursement will occur on the last business day (M-F excluding Holidays) of the month. The disbursement will be a single check payment for all funds received by YourSchoolMate on behalf of the organization from the 21st day of the previous month through the 20th day of the current month. The disbursements will be the total of the net amount collected for the organization for all of the fund collection activities having a balance greater than zero on the disbursement date. Prices and Processing Fees of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the YourSchoolMate Site. YourSchoolMate shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. Content

You understand that all information provided by you and your organization including postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that YourSchoolMate does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the YourSchoolMate site and Content available through the Service may contain links to other websites, which are completely independent of YourSchoolMate. YourSchoolMate makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Linking to any other website is at your own risk You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will YourSchoolMate be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that YourSchoolMate does not pre-screen or approve Content, but that YourSchoolMate shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.

6. Privacy and Information Disclosure

YourSchoolMate has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following YourSchoolMate address: http://YourSchoolMate.com/privacy.html  
Your use of the YourSchoolMate website or the Service signifies acknowledgement of and agreement to the YourSchoolMate Privacy Policy. You further acknowledge and agree that YourSchoolMate may, in its sole discretion, preserve or disclose your Content such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of YourSchoolMate, its users or the general public.

7. Conduct

You agree not to post, email, or otherwise make available Content: 
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; 
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to 
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; 
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 
d) that violates any federal, state, or local law regarding internet content; 
e) that impersonates any person or entity, including, but not limited to a YourSchoolMate employee or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); 
f) that includes personal or identifying information about another person without that person's explicit consent; 
g) that is false, deceptive, misleading, deceitful, misinformation, or constitutes "bait and switch"; 
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
 i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
 j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the YourSchoolMate sites which are not designated for such purposes; or emailed to YourSchoolMate users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. 
k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or 
m) that employs misleading email addresses, or forged headers or otherwise manipulates identifiers in order to disguise the origin of Content transmitted through the Service. 

Additionally, you agree not to:
n) contact anyone who has asked not to be contacted; 
o) "stalk" or otherwise harass anyone; 
p) collect personal data about other users for commercial or unlawful purposes; 
q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by YourSchoolMate;
 r) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the YourSchoolMate infrastructure; 
s) attempt to gain unauthorized access to YourSchoolMate's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the YourSchoolMate website; or
 t) use any form of automated device or computer program that enables the submission of postings on YourSchoolMate without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

8. Posting Agents

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on YourSchoolMate's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from YourSchoolMate. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from YourSchoolMate.

9. No Spam Policy

You understand and agree that sending unsolicited email advertisements to YourSchoolMate email addresses or through YourSchoolMate computer systems, which is expressly prohibited by these TOS, will use or cause to be used servers located in California. Any unauthorized use of YourSchoolMate computer systems is a violation of these TOS 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.

10. Paid Postings

YourSchoolMate 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 TOS. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS.

11. Limitations on Service

You acknowledge that YourSchoolMate may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that YourSchoolMate has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that YourSchoolMate reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that YourSchoolMate shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Access to the Service

YourSchoolMate grants you a limited, revocable, nonexclusive license to access the Service for your personal use and the organization you represent. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by YourSchoolMate. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with their robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. YourSchoolMate permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal website blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOS, absent express permission granted by YourSchoolMate to do so. You may also create a hyperlink to the home page of YourSchoolMate or any of your organizations pages so long as the link does not portray YourSchoolMate, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access granted to you by YourSchoolMate immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from YourSchoolMate.

13. Termination of Service

You agree that YourSchoolMate, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if YourSchoolMate believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that YourSchoolMate shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Relevant sections of these TOS shall survive termination of Service.

14. Proprietory Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of YourSchoolMate. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of YourSchoolMate, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any stheirce code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. YourSchoolMate is a registered mark in the U.S. Patent and Trademark Office. Although YourSchoolMate does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to YourSchoolMate an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant YourSchoolMate all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

15. Disclaimer of Warranties

YOU AGREE THAT USE OF THE YourSchoolMate SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE YourSchoolMate SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, YourSchoolMate DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE YourSchoolMate SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, YourSchoolMate DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE YourSchoolMate SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE YourSchoolMate SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YourSchoolMate DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE YourSchoolMate SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL YourSchoolMate BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF YourSchoolMate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE YourSchoolMate SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE YourSchoolMate SITE OR THE SERVICE, FROM INABILITY TO USE THE YourSchoolMate SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE YourSchoolMate SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE YourSchoolMate SITE OR THE SERVICE OR ANY LINKS ON THE YourSchoolMate SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE YourSchoolMate SITE OR THE SERVICE OR ANY LINKS ON THE YourSchoolMate SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

17. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content while using the Service. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

18. Indemnity

You agree to indemnify and hold YourSchoolMate and Business IT Labs, its officers, subsidiaries, affiliates, successors, assigns, partners, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. General Information

The TOS constitute the entire agreement between you and YourSchoolMate and govern your use of the Service, superseding any prior agreements between you and YourSchoolMate. The TOS and the relationship between you and YourSchoolMate shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and YourSchoolMate agree to submit to the personal and exclusive jurisdiction of the courts located within Shelby county Tennessee. The failure of YourSchoolMate to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. Violation of Terms and Liquidated Damages

Please report any violations of the TOS by contacting YourSchoolMate. Your failure to act with respect to a breach by you or others does not waive your right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for YourSchoolMate to pursue legal action to enforce these Terms, you will be liable to pay YourSchoolMate the following amounts as liquidated damages, which you accept as reasonable estimates of YourSchoolMates' damages for the specified breaches of these Terms: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay YourSchoolMate one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. b. If YourSchoolMate establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay YourSchoolMate one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access YourSchoolMate in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to YourSchoolMate email addresses or through YourSchoolMate computer systems, you agree to pay YourSchoolMate twenty five dollars ($25) for each such email. d. If you post Content in violation of the TOS, other than as described above, you agree to pay YourSchoolMate one hundred dollars ($100) for each Item of Content posted. In its sole discretion, YourSchoolMate may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of the TOS, in addition to any liquidated damages under clause (d), you agree to pay YourSchoolMate one hundred dollars ($100) for each and every Item you post in violation of the TOS. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOS) agrees to pay YourSchoolMate an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOS. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without YourSchoolMate's express written permission, you agree to pay YourSchoolMate three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay YourSchoolMate's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, YourSchoolMate retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

21. Feedback

YourSchoolMate welcomes your Questions and Comments on this document.