Terms of Use

Donations

Donations through Beyond Measure are deductible gifts to the recipient school. Consult your tax advisor regarding your individual tax situation.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to donate towards any project made available through the Service ("Donate" or "Donation"), you may be asked to supply certain information relevant to your Donation including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Donation; and that (ii) the information you supply to us is true, correct, and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Donations. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your donation at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Projects may be described inaccurately, and we cannot guarantee the accuracy or completeness of any information found on the Service.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Seedcore Foundation has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of Seedcore Foundation or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are a U.S. resident physically located in the United States, above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You have all necessary rights and authority to use the Sites and Beyond Measure's services, including (but not limited to) the right to upload, post, and or otherwise provide to Beyond Measure "User Content" (defined as any text, images, or other digital content posted or provided by a user), and you have received all necessary permissions from any educational institution and students' parent(s) or legal guardian(s) for any User Content you provide.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel donations at our sole discretion.

Teacher Terms

This section outlines what's required of you when creating a Teacher account on Beyond Measure.

Teacher Accounts

By registering for a teacher account with Beyond Measure, you acknowledge and agree that:

• You are a "Teacher," meaning that you teach in an eligible position and meet all of the following criteria: You are a full-time employee of a PreK-12 501(c)(3) educational institution in the 50 states or District of Columbia that is approved and verified by Beyond Measure; You work directly with students at least 75% of the time; and You are not an administrator, paraprofessional, teacher's aide, substitute teacher, or student teacher.
• No local law, regulation, or institutional policy prohibits your use of the Site, and you have obtained all necessary authorization from your educational institution and/or governing body to enter into this Agreement.
• From time to time, Beyond Measure may contact you via email or phone (including automated calls and messages) about your account, project, or use of the Sites. Even if you "opt-out" of correspondence, you're still responsible for being aware of any information or updates we send about your account.
• For any classroom photo you submit during registration or at any point afterward: You will provide the parent(s) or legal guardian(s) of each child who appears in the photo with a Beyond Measure Permission Slip and ensure that each Permission Slip is signed by the parent or legal guardian of every child depicted in any photo you submit to Beyond Measure. You must maintain these permission slips, and if requested by Beyond Measure, you will provide Beyond Measure with the signed permission slips of your students.

Project Submissions

Beyond Measure has the sole discretion to approve projects submitted by Teachers. By creating a project on our Site, you acknowledge and agree that:

• The activity you propose is legal, and you have the necessary permissions from your Institution and/or student's parent(s) or legal guardian(s) to complete the project.
• You, your friends, or your family members will not financially benefit from the project.
• You have the right to upload all data or information you provide on your behalf, your institution, or its students. You are solely responsible for obtaining these rights, permissions, and authorizations before submitting this User Content to Beyond Measure.
• You have obtained all necessary prior written consent from the parent(s) or legal guardian(s) of any students who are shown, referenced, or otherwise identified in the User Content that you choose to provide to Beyond Measure, using the permission form provided by Beyond Measure and any other applicable permission forms or releases as determined by your institution. You will only post photos for which you have obtained signed permission slips from the parent(s) or legal guardian(s), and you can present those permission slips to Beyond Measure upon request at any time.
• Any projects you submit are for your class. You will not submit projects on behalf of another teacher or classroom. If you post a project on behalf of your institution or in a joint effort across classes at your institution, you agree to take full responsibility for the project.
• Beyond Measure is not required to treat any submission as confidential and will always post projects requesting funding alongside the school name, city, and state.

Fully-Funded Projects

By submitting a project, you agree to the following if the project is fully funded:

• You acknowledge and agree that Beyond Measure will receive donations for your institution's use and on its behalf.
• You agree that all funds will be used to further your institution's tax-exempt purposes and in compliance with all applicable laws and regulations.
• You acknowledge that your institution has the sole discretion to use funds received for the purpose described in the Project.
• Requested resources will be used by students or to provide a student experience as described in your project description.
• For the avoidance of doubt, all funds belong to the recipient 501(c)(3) educational institution upon receipt by Beyond Measure, subject to the obligations and terms described in this Agreement.
• You understand and abide by our Materials Ownership Policy, which explains that project materials received through Beyond Measure should stay in the classroom for which they were purchased unless the project description clearly states that materials are for student use or ownership outside of the classroom. The policy also outlines how materials should be distributed if you are no longer in the classroom for which the project was funded.

Incomplete Projects

By submitting a project, you agree to the following if it does not reach its funding goals.

• You acknowledge and agree that Beyond Measure will receive donations for your institution's use and on its behalf.
• You agree that all funds will be used to further your institution's tax-exempt purposes and in compliance with all applicable laws and regulations.
• You acknowledge that your institution has the sole discretion to use funds received for the purpose described in the Project.
• You understand that if a Project is no longer feasible or is not funded, the recipient institution has the sole discretion to use its best efforts to fund a classroom project with a similar purpose as contemplated in the Project.
• For the avoidance of doubt, all funds belong to the recipient 501(c)(3) educational institution upon receipt by Beyond Measure, subject to the obligations and terms described in this Agreement.
• You understand and abide by our Materials Ownership Policy, which explains that project materials received through Beyond Measure should stay in the classroom for which they were purchased unless the project description clearly states that materials are for student use or ownership outside of the classroom. The policy also outlines how materials should be distributed if you are no longer in the classroom for which the project was funded.

Donor Terms

Donations to Projects

This section defines what you agree to when placing donations through Beyond Measure.

• Each donation made to Beyond Measure goes directly to the recipient school, a nonprofit entity that qualifies as an exempt organization under Internal Revenue Code Section 501(c)(3), at which the teacher is employed.
• Beyond Measure shall disburse all funds held on behalf of the teacher as soon as practicable after a Project is fully funded or the Project has reached its campaign deadline.
• Donations through Beyond Measure belong to the recipient school.
• If the project is overfunded, not approved, or otherwise canceled by the teacher, your donation will be dispersed to the school where the teacher is employed.
• If the project you donated to expires or otherwise didn't move forward before it is fully funded, the School shall use its best efforts to fund a classroom project with a similar purpose as contemplated in the Project.
• We cannot offer refunds on donations
• Infrequently, a Teacher will move to a different school while they have active projects available for funding on the Site. Until the Teacher alerts us about their move, the school information associated with any projects posted on the Site may not accurately reflect the new school at which they are teaching. In addition, we may deliver the donations raised by that Teacher to the school registered under their account.

Terms of Donating

Donations through Beyond Measure are deductible gifts to the recipient school. Tax-deductible receipts are issued by the recipient school. Consult your tax advisor regarding your individual tax situation.

By placing a donation with Beyond Measure, you agree that:

• Any donation you make is legal in your jurisdiction.
• Beyond Measure cannot be responsible for the success of any proposed or funded projects or for the activities (or lack thereof) of the Teachers or students participating in any proposed or funded projects.
• We may, but are not obligated to, share information with you regarding each project. This may include descriptions of the proposed activity, photographs of the completed project, and thank-you notes. This Site Content and others we may send are solely for your personal, non-commercial use and may not be distributed, displayed, or copied unless expressly authorized by Beyond Measure.
• You understand that if materials listed for a project you funded are unavailable once the Project closes, the teacher may select alternate materials that will benefit the classroom at the sole discretion of the recipient school.

Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Seedcore Foundation dba Beyond Measure and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Seedcore Foundation. All contents of Service are Copyright © 2019 Beyond Measure. All rights reserved. All trademarks, service marks, and trade names on this Website, including but not limited to BEYOND MEASURE, the BEYOND MEASURE logo, SEEDCORE FOUNDATION, the SEEDCORE FOUNDATION logo are registered or unregistered designations of Seedcore Foundation. Nothing contained on the Website should be understood as granting you a license under any copyright, trademark, or other intellectual property rights of Seedcore Foundation, Inc.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Seedcore Foundation.

Seedcore Foundation has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Seedcore Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Seedcore Foundation and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Seedcore Foundation, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Seedcore Foundation its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.