Terms of Service

These updated Terms of Service go into effect on October 10, 2014. We are Edco. These are the Terms of Service (the “Terms”) for this website (the “Site”) and services (together with the Site, the “Services”) offered by Ed.co, LLC (“Edco”). These Terms are a binding legal agreement between you (“you” or “your”) and Edco. Please review these Terms carefully. By using the Services, you are agreeing to be bound by these Terms and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference. This includes our Privacy Policy, which you should read to better understand how we collect and use your personal information, our Contest Rules, and all applicable laws and regulations. If you do not accept and agree to these Terms, you are not authorized to access the Site or the Services. Edco reserves the right to change these Terms at any time, without prior notice, by posting here. You will be bound by any such changes if you continue to use the Services after such changes are posted. We encourage you to review the Site and these Terms from time to time to determine whether revised Terms have been posted. The date of the most recent revision appears at the beginning of these Terms.

Eligibility to Use the Site and the Services

We invite any individual, entity, or organization interested in supporting education to use our Services. When you access the Site and Services, you become a member (“User”). All Users must be at least 18 years of age. Persons who are at least 13 years of age but under the age of 18 may only become a User and/or access the Site and Services with the consent of a parent or legal guardian. Accordingly, by accessing the Site and Services, you represent and warrant that you are at least 18 years of age or older, or are at least 13 years of age and possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms; otherwise, please exit the Site. If you are a parent or guardian of a child who is at least 13 years of age, but under the age of 18, and you give your child permission to use the Site and the Services, you hereby agree to these Terms on behalf of both yourself and your child. You further agree that you are solely responsible for any and all use of the Site and Services by your child regardless of whether such use was authorized by you.

Becoming a Member

In order to take certain actions through the Site, such as creating a Project or donating to a Project, you may be required to create a User account and provide certain personal information, such as your full name, email address, and phone number. You must provide information about yourself that is true, current, and complete, and maintain and update such information to keep it accurate. You may create an account through the Site, or log in using third party services, such as Facebook, if available. It is a violation of these Terms to log in through a third party service using an account that does not belong to you or in violation of of any applicable agreement with that third party service. As a User, you may be given the option to select a URL for yourself, your school, your school group, or another entity. You agree not to select a URL: (a) belonging to another person or entity with the intent to impersonate that person or entity; (b) that violates the rights of any third party, including intellectual property rights and/or rights of publicity; or (c) that Edco, in its sole discretion, deems inappropriate or offensive. You acknowledge and agree that you shall have no ownership or other property interest in your account or URL, and you further acknowledge and agree that all rights in and to your account (but not in the personally identifying information associated therewith) are and shall forever be owned by and inure to the benefit of Edco. You are solely responsible for maintaining the confidentiality and security of your password on the Site, and are responsible for all activities (whether by you or by others) that occur under your password or account. You must notify us immediately of any unauthorized use of your account. Edco will not be liable for any loss or damage arising in connection with any unauthorized use of your account. Edco has the right to reclaim any URL for any reason. Edco reserves the right to refuse any request to create an account for any reason or no reason.

Eligibility Requirements for Beneficiaries

The Site and Services may only be used to raise funds for schools, educational organizations, or youth programs (“Beneficiaries”) that meet the following eligibility requirements and any other requirements described on the Site.

Additional Terms For Project Admins

Creating and Operating a Project

A Project that highlights the impact of a Contributor’s donation is one of the most fundamental practices in successful fundraising. To effectively create and operate a Project, each Project will have one or more primary contacts, who will be referred to in these Terms as the “Project Admin,” and who shall be authorized to act on behalf of the designated beneficiary. As the Project Admin, you will be responsible for identifying the Beneficiary and the specific project for which you would like to raise funds, determining your Project funding goal, establishing the Project profile, and managing the Project. By creating a Project, you represent and warrant that you are authorized to act on behalf of the Beneficiary. Edco reserves the right to require that you submit written proof of your authorization to act on behalf of the Beneficiary of your Project. Edco reserves the right to terminate any Project, withhold or refund any funds raised, terminate or suspend any User’s account, or take any other action it deems necessary, in its sole discretion, if it reasonably believes that any Project Admin does not have the requisite authority to act on behalf of the Beneficiary. You further represent and warrant that: (a) the Beneficiary meets the eligibility requirements set forth above; (b) that you are raising money for a cause or activity that is legal under all applicable federal, state and local laws and regulations; and (c) all donated funds will be used solely for the purpose(s) you have stated on the Site.

Disbursement of Funds

In order for the Beneficiary to receive processed donations, the Project Admin must designate a US Bank Account to receive the donations. Alternatively, at the Beneficiary’s request, Edco may fund a debit card or send a check to the Beneficiary’s verifiable physical address, or may use the funds to directly purchase goods or services selected by the Beneficiary on the Beneficiary’s behalf. Subject to these Terms, disbursements will be issued at least within 90 days following the completion of the Project. Edco is not responsible for any errors or omissions in the name, mailing address, or bank account information provided by the Project Admin or the Beneficiary. Further, Edco is not responsible for, and shall not be liable for, any error or mistake by Beneficiary in selecting goods or services for purchase, any defect in the goods or services purchased on Beneficiary’s behalf, and/or any dispute arising out of the use or misuse of purchased goods or services by Beneficiary.

Use of Funds

As the Project Admin, you are responsible for ensuring that donations will be used only for purposes expressly disclosed on the Project profile page. You acknowledge that if Edco makes a good faith determination that the information on the Project profile page is inaccurate or misleading, or learns that funds disbursed to the Beneficiary have not been used in accordance with the purposes stated on the Project profile page, Edco has the right to require that the Beneficiary promptly refund the donations to Edco so that Edco, at its discretion, may disburse these funds for a charitable or educational purpose to a school or educational organization.

Additional Terms For Beneficiaries:

You acknowledge and agree that the Project Admin is authorized to operate the Project and to solicit donations on your behalf. If you become aware of an unauthorized Project operated on your behalf, please immediately notify Edco. You further agree that you shall only use the donations for the purpose designated on the Project profile page. If you cannot use the donations for the designated purpose, you will immediately notify Edco, and return any funds received to Edco. If a Project Admin account remains inactive for six (6) consecutive months, Edco may, in its sole discretion, withhold funds, issue a refund, and/or disburse funds to a school or educational organization. You further acknowledge and agree that Edco shall not be liable to you for any claims arising out of any Project of which you are the designated Beneficiary, including claims arising out of (i) any Project that fails to reach its funding goal; (ii) any act or omission on the part of the Payment Processor, Edco or the Project Admin; and/or (iii) any lost, stolen, or incorrectly processed donations.

Additional Terms For Contributors:

Edco provides a platform that allows you to support Beneficiaries who conduct a Project on Edco. You understand and acknowledge that, by making a donation through the Site, you authorize Edco, through its Payment Processor, to process your donation and charge your credit card or other personal or business account. You further understand and acknowledge that your donation made through the Site may be delivered to a partner 501(c)(3) charitable organization to facilitate the disbursement of funds to the Beneficiary, based on your recommendation. In such instances, your receipt for tax-deductibility purposes will list the partner 501(c)(3) charitable organization as the recipient of your contribution, rather than your designated beneficiary. You acknowledge and understand that your personal information will be provided to the partner organization and to your designated Beneficiary. Further, you understand and acknowledge that any funds held by the partner organization are that organization’s property, subject to that organization’s exclusive legal control, and that funds donated through the Site may only be used for charitable purposes and not for the benefit of the contributor or other impermissible private benefit. You understand and acknowledge that any donations you make through the Site are made at your own risk. You are encouraged to make donations only in support of Beneficiaries that you know and trust. Edco makes no warranties that donations will be used for any particular purpose, and will not be held liable for the use or misuse of donations by any Beneficiary. You further acknowledge that, if Edco determines, in its sole discretion, that a particular Project was conducted in violation of these Terms, or that it would otherwise be improper to disburse the donations received in the course of a particular Project to the Beneficiary because, for example, the Beneficiary is no longer accepting donations, is no longer recognized as a public charity or educational institution eligible to be listed as a Beneficiary on the Site, is no longer in good standing with state or federal regulators, or is no longer participating on the Edco Service, Edco may, in its sole discretion, withhold funds, issue a refund, and/or disburse funds to an alternate Beneficiary as it sees fit. Edco makes no representation as to whether any portion of your donation is tax deductible as a charitable contribution. Please consult your tax advisor as to the tax-deductibility of your donation.

Additional Terms:

Payment Processing

The Site provides Contributors with the ability to make a donation to specific Projects. Edco has engaged the services of a third-party payment processor (“Payment Processor”) to process donation transactions. The Payment Processor manages the routing of applicable customer information through the credit card and electronic check processing networks. Edco is not affiliated with the Payment Processor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Accordingly, Edco expressly disclaims responsibility and liability for all services provided by the Payment Processor, including those related to donation transactions, and you hereby agree that Edco shall not be responsible for any loss or damage of any sort incurred as a result of such Payment Processor services. Additionally, since the Payment Processor will have access to the information you provide to them when making a donation, we recommend that you closely review their Privacy Policy. You hereby agree that, for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) donations/payment transactions will be charged to the credit or debit card or other payment method you use through the Payment Processor; and (3) all donations/payment transactions are final and non-refundable. You further consent to the Payment Processor’s terms, and agree that Edco may directly process donations or engage additional third parties to facilitate the processing and disbursement of funds for the use of designated Beneficiaries. Beneficiaries agree to be bound by the Payment Processor’s terms for those designated to receive funds.

Prohibited Projects

It is a violation of these Terms to create a Project or to upload or transmit any content or information that promotes hatred, violence, discrimination or stereotypes based on race, gender, ethnicity, sexuality, or religion, or that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity, or that includes statements in support of, or in opposition to, any candidate for public office, or that is fraudulent or misleading with respect to the intended beneficiary of the Project or the intended use of funds raised. Edco reserves the right, in its sole discretion, to edit and/or remove any Project or any content uploaded or transmitted in connection with a Project that it finds to be in violation of these Terms.

No Endorsement

Edco does not endorse any Projects on the Site, and does not actively monitor or review Projects or User Content posted to the Site. Edco merely provides a technology platform to allow fundraisers to connect with donors. While Edco makes reasonable efforts to confirm that Project Beneficiaries meet Edco’s stated Beneficiary criteria, Edco makes no warranties or guarantees whatsoever as to any particular Beneficiary, including, but not limited to, whether a particular Beneficiary meets the stated Beneficiary criteria and/or whether the funds donated to any particular Beneficiary will be used in accordance with the states purpose of the Project. If Edco becomes aware of a Project or User Content that Edco determines, in its sole discretion, violates these Terms or may be fraudulent, misleading, offensive, illegal, defamatory, or infringes the rights, or threatens the safety, of others, or is otherwise objectionable, Edco reserves the right, without notice and in its sole discretion, to edit and/or remove the Project or content in question.

No Solicitation

Edco makes the Site and Services available in order to provide a passive platform for Site users to create Projects and make donations through the Site. By making the Site and the Services available, Edco does not engage in charitable solicitation activities on behalf of its users. Edco may provide technical support to users for the sole purpose of allowing them to access and use the Site, which support shall not include advising Project Admins or Site users as to the content of their Projects or otherwise assisting them in planning or managing their Projects.

Fees

To reflect the value of the Services that Edco provides, and to ensure that Edco will continue to be able to provide you with the very best experience and customer service, Edco may charge certain fees for its Service. By using our Services, you agree to our fees. Specifically, Edco may charge commission fees on funds raised to Project Admins or Beneficiaries, or other charges to Site users ("Service Fees"), as listed on the Site. Edco may adjust the Service Fees at any time, at its sole discretion, provided that any adjustment will only apply to Projects created and donations made after the effective date of the adjustment. You are responsible for paying all Service Fees associated with your use of the Services. You are solely responsible for any and all applicable taxes for Projects or donations, whichever applies to you. Service Fees are non-refundable.

Children Under 13

This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using thE Service, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms. In its sole discretion, Edco may terminate your account, delete your account information and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site, or any portion thereof, for any reason, at any time, and with or without notice to you, if it believes that you are under 13. Notwithstanding any terms in these Terms to the contrary, if you are in a jurisdiction in which the minimum age permissible by law to use the Site is greater than 13, all references to 13 in this section shall instead be replaced with the minimum age permitted in your jurisdiction.

User Content

You warrant that all text, images and other content you post or submit to the Site (“User Content”) is your original work and/or to the extent that the User Content includes any text, images or other content owned by a third party, you warrant that you are licensed to use and reproduce such content on the Site. You accept all liability for any issues that may arise from such User Content. Please do not submit any images or photographs for which you do not have a current model or property release, or for which you do not have the permission of a parent or guardian as required by law or a relevant educational organization that the subject attends, unless you are otherwise authorized to post such material. By submitting and posting User Content to the Site, you grant to Edco a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the User Content in any format, using any medium, for any purpose. In other words, you allow us to continue to display your contributions to the Site. You will, if asked by a representative of Edco, cease posting any User Content, and/or links to content, deemed offensive, misleading, objectionable, in poor taste, or that violates these Terms.

User Submissions

You understand and acknowledge that any questions, comments, suggestions, ideas, feedback or other information that you submit to Edco, whether via email or via a form provided on the Site (“User Submissions”), are not confidential and become the sole property of Edco, and that Edco shall own the exclusive rights, including copyrights and any other relevant intellectual property, in the User Submissions.

Copyright and Trademark Policy

Except where otherwise noted, Edco owns, or is the licensee of, all intellectual property rights in and to the Site and the Services, including all content, text, photos, videos, images, source code, and trademarks (“Site Content”). Edco encourages you to share links to Projects that you create and that you support via social media. However, if you would like to make any other use of the Site Content, please contact us at hello@ed.co for permission. Commercial use of any Site Content is strictly prohibited without prior authorization from Edco. If you believe that any Site Content violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at hello@ed.co with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Links to Other Websites and Content

The Site may contain links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Edco does not control or monitor such Third Party Sites and Third Party Content, and cannot be held responsible for any Third Party Sites accessed through the Site or any Third Party Content encountered on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Edco. Edco shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any Third Party Site or any Third Party Content. If you do navigate from the Site to any Third Party Sites, you acknowledge that you do so at your own risk and that Edco’s terms, practices, and policies no longer apply. You should review the applicable terms and policies, including privacy policies and practices, of any Third Party Site to which you navigate from the Site.

Misprints and Errors

Edco endeavors to provide current and accurate information on our Website. Nevertheless, errors and misprints occur. Accordingly, Edco reserves the right to reject, correct, cancel, or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. Edco reserves the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed. Under no circumstances is Edco obligated to process or complete any transaction based on any error, misprint or otherwise.

User Disputes

You are solely responsible for your interactions with other Site Users. Edco reserves the right, but has no obligation, to monitor disputes between you and other Users, and to delete the accounts of Users who engage in or escalate disputes with other Users.

Prohibited Uses

The Site and the Services are only to be used for lawful purposes, and in ways that do not infringe or restrict the rights of others or their use of the Site or the Services. You acknowledge and agree that you shall not use or attempt to use the Site or the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) in a manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) to interfere with any other party's use and enjoyment of the Site or the Services; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Edco to be made accessible to the general public or Site Users; (vi) to attempt to obtain any materials or information through any means not intentionally made available by Edco; or (vii) for any purpose other than the purposes for which the Site or the Services were intended by Edco. In addition, in connection with your use of the Site and the Services, you agree you will not:
  1. create any Project, or post or submit any User Content or User Submission, or upload or transmit any message, information, data, text, software or images, or other content that is, or could be considered, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hate speech, or otherwise objectionable, that may invade another's right of privacy or publicity, or that is knowingly false, fraudulent, misleading, or inaccurate;
  2. post any other person's identifying information (including their names, contact information or any other relevant information) within the Site but your own;
  3. create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Edco or school representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  5. upload or distribute files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another, or that are designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems;
  6. delete any author attributions, legal notices, or proprietary designations or labels on any User Content that you upload to, or transmit via, the Site;
  7. use the Site’s communication features in a manner that adversely affects the availability of its resources to other users;
  8. upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise, or collect personal information about Website users for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means;
  9. upload or transmit any materials or information that includes statements in support of, or in opposition to, any candidate for public office;
  10. violate any applicable local, state, national or international law;
  11. upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  12. delete or revise any material posted by any other person or entity;
  13. probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; or
  14. harvest or otherwise collect information about others, including e-mail addresses.
Edco reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of the User's access and/or account. Edco may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as expressly limited by the Privacy Policy, Edco reserves the right at all times to disclose any information as Edco deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information, materials, or User Content from the Site, in whole or in part, in Edco’s sole discretion.

Warranty Disclaimers and Limitation of Liability

You understand and agree that your use of the Site and the Services is at your sole risk. While we do our best to keep the Site functioning and free of bugs, Edco does not warrant that the functions and content on the Site will be free of interruptions, errors, viruses, or bugs, or will operate on all devices or operating systems, or that any such problems will be corrected. All content, information, materials, services, and anything else on or linked from the Site are provided on an “As Is” or “As Available” basis. Edco makes no warranty or guarantee about the truthfulness, accuracy, completeness, or adequacy of the Projects, Site content, User Content, or any materials, resources or other information contained in or linked to the Site, and users relying thereon do so at their own risk. Edco expressly disclaims all warranties and conditions with respect to the Site and the Services, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy. In addition to the above warranty disclaimers, you understand and agree that Edco will not be liable for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the Site or the Services, or your use or inability to use the Site or the Services, or in connection with any act or omission by us (negligent or otherwise), even if Edco has been advised of the possibilities of those damages. You understand and agree that your use of the Site and the Services is predicated upon your waiver of any right to sue Edco and its affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the Site or the Services. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Force Majeure

Edco shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of Edco, including a delay in services from its contractors, agents or suppliers, and also including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Notices

Any notices to you from Edco regarding the Site or these Terms of Use will be posted on this Site or made by e-mail or regular mail.

Governing Law

By visiting the Site or using the Services, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Edco or any of our affiliates.

Dispute Resolution

Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in New York, New York, and administered by the American Arbitration Association (“AAA”) or similar arbitration body and conducted by a sole arbitrator in accordance with the AAA’s Commercial Arbitration Rules or the arbitration rules of a similar arbitration body. The arbitration shall be governed by the Federal Arbitration Act, codified in chapter 1 of Title 9 of the United States Code, as amended, to the exclusion of state laws inconsistent therewith or that would produce a different result, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Except as may be required by law or to the extent necessary in connection with judicial challenge, or enforcement of an award, neither a party nor the arbitrator may disclose the existence, content, record or results of an arbitration. Before commencing any action pertaining to a controversy or claim arising out of or relating to these Terms, the party wishing to commence the action shall provide reasonable notice to other party before commencing the action, in order to allow the parties an opportunity to resolve the dispute before resorting to legal action.

Indemnification

You agree to defend, indemnify, and hold harmless Edco, its partner organizations and their respective its affiliates, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Services or the Site, the use of any Third Party Sites or Third Party Content, the uploading, transmitting, downloading, or use of User Content, your reliance on any errors or omissions on the Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms as stated herein or as modified from time to time in Edco’s sole discretion.

Miscellaneous

These Terms constitute the entire agreement between you and Edco regarding the use of the Site, superseding any prior agreements between you and Edco relating to your use of the Site. The failure of Edco to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.