Terms
Welcome to http://www.shs.io and https://app.shs.io (the “Websites”), which is operated by Students Helping Students (“SHS”, “we”, or “us”). The term “you” or “your” refers to any user or viewer of the Website.
SHS is a charitable, tax-exempt, nonprofit corporation that provides school supplies, including books, classroom materials, sports equipment, musical instruments, furnishings, and other supplies or aid, to students in school districts impacted by natural and other disasters or otherwise in need.
By accessing the Website, by submitting information to us, or by participating in SHS’ activities, you agree to comply with and be bound by these Terms of Use (these “Terms”), which include and incorporate all the provisions in the SHS Privacy Policy, all applicable federal, state, and local laws and regulations, and, for any school or School Club, its applicable School Club Participation Agreement.
Your access to the Website may be terminated at any time for a violation of these Terms. Because these Terms are a legally binding contract, you should carefully read them before accessing or using the Website.
1. Use of Website, Content, Trademarks, and Logos
The Website provides information and resources on SHS’ initiatives, including, without limitation, articles, photographs, application forms, reports, videos, and blog posts (collectively, “Content”). We grant you a limited, non-transferable license to make personal use of the Website on one computer or mobile device in accordance with these Terms and all applicable laws. This license does not include the right to resell or make any commercial use of the Website or any Content.
Unless otherwise expressly stated, all Content is intellectual property that belongs to SHS. You are permitted to download information from the Website for your own personal informational use. You may also copy, distribute, and transmit Content solely for charitable purposes, provided that the use contains the following attribution: “Reproduced with permission of Students Helping Students”. You may not suggest any other relationship, endorsement, or affiliation with SHS without our express written permission.
You may not use the Website or Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or SHS or interfere with any other party’s use or enjoyment of the Website. You agree that a breach of SHS’ Privacy Policy or your applicable School Club Participation Agreement, if any, shall also be considered a breach of these Terms.
SHS retains the right, without notice and at any time, to modify, suspend, or discontinue the availability of all or any part of the Website, to charge a fee for parts of the Website that may have been previously provided at no charge, and to discontinue any products or services offered through the Website. SHS is not liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
SHS may disable your ability to access your account or may terminate your right to access or use the Website or any portion thereof, without notice, at any time, and for any reason, including reasons such as conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, SHS, or our volunteers, vendors, or content providers.
Your right to use the Website terminates automatically if you fail to comply with these Terms. No notice is required from us to effect such termination. Additionally, we may terminate these Terms at any time and for any reason and may give you notice of such termination by any means, such as e-mail, alert messages posted through the Website, posting notice on [LINK], or otherwise generally publishing such termination.
2. No Guarantees or Warranties; Links to Other Websites
SHS makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any Content and expressly disclaims liabilities for errors or omissions contained in any Content. SHS does not always review or correct Content that is submitted to SHS by a third party, including by a volunteer or school that is participating in SHS’ programs. Content may not reflect recent developments in the law and may not be accurate in, or applicable to, your jurisdiction. We do not undertake any obligation to update Content to reflect new developments or otherwise.
You expressly understand and agree that, to the extent permitted under applicable law, your use of the Website, including any Content, is at your sole risk, and the Website and Content are provided on an “as is” and “as available” basis, with all faults. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE WEBSITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR FREEDOM FROM COMPUTER VIRUS.
We have provided some links on the Website that lead to outside services and resources only for your convenience. We do not control the accuracy or availability of the services or resources provided by any individual or entity other than SHS, and you access them at your own risk.
SHS makes no claims, promises, or guarantees about the adequacy or fitness of any school supplies SHS receives or contributes to schools or students in need. SHS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUPPLY DONATED, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
3. Registration; Accounts; Use of Website
Certain services offered on or through the Website require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Website due to someone else using your password or account.
You may not use anyone else’s password or account. You may not attempt to gain unauthorized access to the Website, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account.
You may not use any automatic device, program, or technology, or any equivalent manual process, to access, acquire, copy, probe, test, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website.
4. Your Submissions
You may not post on or transmit through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable Content of any kind, including, but not limited to, any Content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. If we are notified that you have submitted or posted such Content, then we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Website.
We may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website or SHS; or (iii) to protect the rights or property of SHS or its charitable beneficiaries, volunteers, schools, or students, you, or other users of the Website.
You may upload to or otherwise submit to the Website only such Content: (a) that is not subject to any copyright or other proprietary or privacy rights restrictions; (b) with respect to which the owner or licensor has given express authorization for SHS to distribute over the internet; and (c) that does not contain any material that may damage, disclose, interfere with, intercept, or expropriate any system, data, or personal information.
5. Privacy
You understand and agree that when you use the Website we will collect personal information about you. You consent to our collection, use, and disclosure of your information in accordance with our Privacy Policy, available at [LINK], as modified by us from time to time.
6. Children
You must be at least 13 years old to use the Website. If you are under 18, you may use the Website only with the permission and involvement of a parent or guardian.
7. Indemnification
You agree to hold harmless, defend, and indemnify SHS and all SHS’ employees, representatives, directors, officers, agents, including volunteers, and affiliated persons (each an “Indemnified Party”) against all claims, damages, losses, liabilities, costs, and expenses (including, without limitation, settlement costs and any reasonable legal, accounting, or other expenses for investigating or defending any actions or threatened actions) (collectively “Losses”) incurred by such Indemnified Party to the extent that such Losses are due to your gross negligence, willful misconduct, fraud, or breach of these Terms.
IN NO EVENT SHALL SHS BE LIABLE FOR ANY CLAIM FOR ANY INDIRECT, WILLFUL, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, FOR LOSS OF BUSINESS PROFITS, OR DAMAGES FROM LOSS OF BUSINESS ARISING OUT OF THESE TERMS, OR FOR LOSS OR INACCURACY OF DATA OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF SHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that SHS shall not be liable to you for any modification, suspension, or discontinuance of the Website or for costs related to a school supply or the pursuit of SHS’ charitable purposes.
8. Notice
Your use of the Website will be deemed to be your consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted at the Website. You acknowledge and agree that any communication by e-mail or by posting at the Website satisfies any legal requirement that such communications be made in writing.
9. General Provisions
If we do not immediately take action to address a violation of these Terms, we are not waiving our rights to take future action. If any particular provision of these Terms is found to be unenforceable, that provision will be severable and will not affect any of the other provisions.
The Website is owned and operated by us from our offices in Malvern, Pennsylvania. Your use of the Website, and any related legal action, will be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles. The sole jurisdiction for any litigation arising out of your use of or inquiries to the Website will be an appropriate federal or state court located in the Commonwealth of Pennsylvania.
10. Changes to these Terms
SHS may amend these Terms at any time in SHS’ sole discretion. You agree that SHS may notify you about such changes by posting them on the Website and/or by email to you.
Updated: September 2017