USER AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

DeclutterAndDonate.org ("DAD") require that all visitors ("you") to its site, DeclutterAndDonate.org, and its

other sites (collectively, the "Sites"), agree to all of the terms and conditions in this User

Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgment and

acceptance of this UA. As used in this Agreement, "we," "our," and "us" means DAD unless

otherwise indicated.

Who is DeclutterAndDonate.org?

DAD is a 501(c)(3) not-for-profit corporation. We at DAD aim to improve public education by

engaging citizens in fulfilling the needs of high school clubs and teams. The Sites provide you with

access to an online collection of information, materials and services related to DAD and its work,

including text, pictures, photographs, audio and video, graphics, logos, marks and images

(collectively, "Content"), as well as software used in accessing the Sites, displaying the Content,

and utilizing the functionality offered through the Sites ("Software"), all of which are subject to

this UA. Unless stated otherwise, any new Content and Software added to the Sites and all

revisions, modifications, and enhancements to the Sites, the Content or the Software will be

covered by this UA effective upon the date of each such addition.

Eligibility.

Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all

information you submit is truthful and accurate; (2) you are 18 years of age or older or have

received parental consent and supervision when using the Sites; and (3) your use of the Sites

does not violate any applicable law or regulation. Your use of the Sites may be terminated without

warning if we believe you are in violation of any of these conditions.

Binding Agreement.

By using any Site, you agree to be bound by this UA, whether you are a visitor, Club or Donor. The

use of the Sites (including, without limitation, photographs or images), by you, or anyone else

authorized by you, is prohibited except as allowed by this UA. There are specific terms of use

applicable to Donors and Club, which are described below.

DAD's Privacy Policy is a Part of this Agreement.

We are committed to protecting the privacy of any personal information you may provide to us

when you use the Sites. Please see our Privacy Policy below for details. This UA includes and

incorporates by reference DAD's Privacy Policy. By accepting the terms of this UA, you agree to

abide by the terms of this Privacy Policy.


Our Proprietary Materials.

We welcome you to our Sites and we invite you to use it within the following rules:

1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites

and as described in this UA.

2. You may make one copy of relevant Content for your non-commercial use only, provided you

do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no

text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites

may be copied, modified, published or otherwise distributed or used without the prior express

written permission of DAD.

3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for

compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license,

hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works

from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any

manner, without your receipt of the prior written authorization of DAD.

4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the

Software underlying the Sites to a human perceivable form.

The information on the Sites, the design and layout of the Sites, the Content and Software

contain elements protected by trade dress, copyright, or other laws, and may not be copied or

imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content,

Software and materials on and underlying the Sites are copyright (c) 2012 Declutter And Donate, Inc.

or are licensed or otherwise used by DAD with permission. Except where noted otherwise, all

rights to these materials are reserved by DAD or their respective owners. "DeclutterAndDonate.org",

the DeclutterAndDonate.org logo are trademarks and service marks of Declutter And Donate, Inc., which

reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission;

names and photographs of individuals may not be copied, downloaded or otherwise used.

All Site Content and functionality, and all Software underlying the Sites, may be changed or

updated by us from time to time, without notice. Although DAD cannot monitor the conduct of

users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the

Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit

or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or

Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and

applicable regulations and statutes.

Disclaimers.

We make reasonable efforts to provide a Site that is safe and accurate, but can make no

warranties. DAD retains the right to restrict use of the Sites, in any manner it deems appropriate.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE

CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE

ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAD EXPRESSLY

DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAD MAKES NO

WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY,

UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE

OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND

(iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability.

IN NO EVENT SHALL DAD, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS,

OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR

ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR

DELIVERY OF THE SITES (COLLECTIVELY "DAD AND ITS AFFILIATES") BE LIABLE FOR

ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR

LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM

THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR

INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND

AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY

RIGHT TO SUE DAD AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION

SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.

YOU UNDERSTAND AND AGREE THAT DAD AND ITS AFFILIATES WILL NOT BE LIABLE

FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,

INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS,

OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT DAD AND ITS

AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT

RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES,

EVEN IF THERE IS NEGLIGENCE BY DAD OR AN AUTHORIZED DAD REPRESENTATIVE

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

DAD neither warrants nor represents that your use of Content, Software or any other materials

displayed on the Sites will not infringe rights of third parties.

Third Party Websites.

The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such

Linked Sites are not maintained by DAD, thus DAD is not responsible for the content, products,

services or policies or activities of those Linked Sites. The inclusion of any link to such Linked


Sites does not imply endorsement by DAD of the Linked Sites.

Third Party Websites Seeking to Hyperlink to the Sites.

We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your

website, you warrant that the content of your website is appropriate and consistent with the

stated purposes of the Sites and DAD. If this is not the case, please do not link to any Site. DAD

reserves the right to rescind the right to link to its Sites at its sole discretion.

Use of any DAD trademark, service mark or other intellectual property or content provided by

DAD for a hyperlink to a Site is permitted and licensed by DAD solely for the purposes described

on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks,

service marks or other intellectual property or content. Upon request by DAD, you shall

immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service

marks or other intellectual property or content provided by DAD.

Making Donations through DAD.

DAD is a non-profit marketplace that brings Donors together with Clubs in order to provide

students with the activities and materials they need to learn. Here, 100% of each donation made

through DAD goes directly to fund the charitable program for which it was given, unless the

Donor indicates that a specific portion of the donation may be used for administrative purposes.

Included in the "product cost" of items that we fulfill are: shipping charges, sales tax, credit card

processing fees (regardless of payment method), and a 15% fulfillment fee which covers the

staffing cost of posting and procuring item requests, donor thank you note processing, and

community service tracking. All Donors are subject to the specific Donor terms described below.

All donations are tax deductible to the fullest extent allowed by law. You may view a copy of our

annual financial statements and federal tax return online by clicking on the links or you can obtain

them by writing to:

Declutter And Donate, Inc.

Attn: Financial Operations

DeclutterDonate@gmail.com

Special Provisions Relating to Donors

Thank you for your interest in funding a student request at DeclutterAndDonate.org. By clicking the "I

Agree" button during the sign-up process for donations, the following additional terms of the UA

apply to those users who sign up for a donor account and/or donate to a request on the Sites

("Donor").


Donor Representations

By applying to become a Donor, you promise that:

1. You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental

consent and under parental supervision;

2. All information you provide to DAD is accurate, and you will update the information to keep it

accurate; and

3. Any donation you make is legal in your jurisdiction.


Donor Responsibilities

You will be responsible for the use and maintenance of the confidentiality of your user ID and

password (which you will receive upon completing the process of registering as a Donor) for

access to Donor-restricted portions of the Sites, and shall not share your ID and password with

anyone else. You agree not to use the account, username, or password of another Donor or Club

at any time or to disclose your password to anyone else. You agree to exit from your account at

the end of each session and to immediately notify DAD of any unauthorized use of your

password or account. You are solely responsible for any and all use of your account and for any

actions that take place using your account. All suggestions and comments you provide become

the intellectual property of DAD.

In addition to the rights of DAD described elsewhere in this UA, you agree that descriptions of

the proposed activity, the photographs of students and the thank-you notes, and other materials


that DAD may send you regarding each request you fund are solely for your personal, non-

commercial use and may not be distributed, displayed or copied in any way. Recognizing the


critical importance of these restrictions in protecting the rights and privacy of the participants,

you agree that any breach by you of any of these restrictions may cause DAD and others to

suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore

agree that DAD may immediately seek an injunction against you to stop your distribution, display,

or copying of any such materials and you waive any objection to the scope or venue of such an

action.

Services Provided by DAD

We verify that each Club is in fact an officially recognized club at its school (e.g. by reviewing

completed constitutions and/or bylaws, verifying school official approval, etc). We review, verify

and calculate the cost of each Club request before we post it on the Sites for Donors to view. Our

efforts include, but are not limited to, screening the proposed student requests for compliance

with the DeclutterAndDonate.org eligibility requirements, restricting Clubs to addresses that have

been provided by the school system as correct school locations, confirming the existence of


requested materials, and determining a cost for the request. Whenever practical, we purchase the

necessary materials ourselves and arrange for them to be delivered directly to the Club's school.

For all donations, we arrange to the best of our ability for a Club letter, photographs of students

engaged in the activity and student thank-you notes to be sent to the Donor(s) after student

receipt of the item(s).

We take reasonable steps to protect the privacy of any personal and financial information you

may provide to us when you donate through the Site as described in our Privacy Policy.

DAD reserves the right to exclude any Donor from use of the Sites, in DAD's sole discretion. All

directions and requirements stated on the Sites regarding Donors or donations shall apply to any

donation offered or made by you.

Disclaimers

If, for any other reason, the request cannot move forward (i.e., the Club no longer operates at the

specified school or no longer requires the requested materials, or the Club is no longer in good

standing with DAD, etc.), all donations made to the request will be reallocated to our general item

matching fund and used to procure other student needs.

DAD cannot be responsible for the success of any proposed or funded requests or for the

activities (or lack thereof) of the Clubs or students participating in any proposed or funded

requests.

Special Provisions for Clubs

Thank you for your interest in submitting a request for a DeclutterAndDonate.org item. By clicking

the "I Agree" button during the process to sign up for funding requests, the following additional

terms of the UA apply to those users who sign up for a Club account and/or to post a Club

funding request on the Sites ("Clubs"):

Club Representations

By submitting a request, you promise that:

1. You are a teacher, librarian, guidance counselor, coach or other public school employee directly

serving students (review our Club eligibility guidelines) and a current employee or registered

volunteer at the school you note;

2. The item you propose is legal and falls within the standards of your board of education; all

information you provide to DAD is accurate, and you will promptly update the information to

keep it accurate;

3. Any requests you submit are solely for you and your Club and are not on behalf of any other


Club or class; and

4. You have full rights to any ideas, descriptions and materials you submit to DAD, and that you

(and not DAD) are solely responsible for such submission, including its legality and

appropriateness, and that all such materials are your original creations and use by DAD will not

infringe on any rights of any third party.

Club Responsibilities

You will be responsible for the use and maintenance of the confidentiality of your user ID and

password for access to Club-restricted portions of the Sites, and shall not share your ID and

password with anyone else. You agree not to use the account, username, or password of another

Member at any time or to disclose your password to anyone else. You agree to only have one

account; please note that multiple accounts are prohibited. You agree to exit from your account

at the end of each session and to immediately notify DAD of any unauthorized use of your

password or account. You are solely responsible for any and all use of your account and for any

actions that take place using your account.

In addition to the rights of DAD described elsewhere in this UA, you agree that descriptions of

the proposed activity, the photographs of students and the thank-you notes, and other materials


that DAD may send you regarding each request you fund are solely for your personal, non-

commercial use and may not be distributed, displayed or copied in any way. You agree to provide


student thank-you notes that do not contain any of the personal information that will identify the

student. Recognizing the critical importance of these restrictions in protecting the rights and

privacy of the participants, you agree that any breach by you of any of these restrictions may

cause DAD and others to suffer irreparable loss, damage and harm in an amount not easily

ascertained, and therefore agree that DAD may immediately seek an injunction against you to

stop your distribution, display, or copying of any such materials and you waive any objection to the

scope or venue of such an action.

From time to time, DAD or a third party on DAD's behalf may send you emails regarding

important information regarding your use of the Sites. Even if the electronic communication

system that sends such emails to your account contains an "opt-out" feature, you acknowledge

and agree that it is your responsibility to be aware of the information contained in these emails.

Rights You Grant to DAD

While you retain ownership in the works you create such as the request submissions (except for

the photographs you take, as discussed below), as to all information or materials created by you

and communicated or submitted to DAD through the Sites and all materials (except for the

photographs) which you send to DAD after the receipt of the item(s), you hereby grant to DAD a

perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sub licensable license to use

the submission and request materials, and portions thereof, in furtherance of DAD's purposes and

activities and to promote DAD and its programs, in any medium, and DAD may copy, publish,


display, create derivative works and make other uses of the submission and request materials (in

whole or in part) and license others to do the same, for DAD's purposes, whether or not your

request is funded.

DAD reserves the right to exclude any Clubs from use of the Sites, in DAD's sole discretion.

Your Responsibilities Should Your Request Be Funded

If your request is approved by DAD (in DAD's sole discretion), posted on a Site and funded, you

agree to use the materials or funds received solely as stated in the request and in a manner

directed by DAD. You agree that requested resources will be used by students or to provide a

student experience as described in your request. You will use DAD's funds and materials only for

the request DAD has approved, and agree to follow all other instructions as provided or directed

by DAD regarding the funded activity. You understand that the promptness and thoroughness

with which you return the photographs and thank-you notes may effect how many requests you

are allowed to submit in the future.

Disclaimers

DAD will not be required to treat any Submission or Request as confidential.

Termination

You may terminate this UA by destroying all materials obtained from the Sites, cancelling your

Donor or Club account, as applicable, and stopping all use of the Sites. DAD may terminate this

UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon

termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.

Miscellaneous

This UA is governed by the laws of the State of Arizona, USA and controlling United States

federal law without regard to its choice of law or conflicts of law provisions. You agree that any

action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA

will be brought exclusively in the federal or State courts located in Phoenix, Arizona. If any

provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will

not affect the validity and enforceability of the remaining provisions. The section headings are for

convenience only and do not have any force or effect.

Resolution of Disputes

THIS UA CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED

BY THE PARTIES.

Any controversy or claim arising out of or relating use of any Site shall be settled by binding


arbitration in accordance with the commercial arbitration rules of the American Arbitration

Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and DAD.

Any such controversy or claim shall be arbitrated on an individual basis, and shall not be

consolidated in any arbitration with any claim or controversy of any other party. The arbitration

shall be conducted in Phoenix, Arizona, and claims regarding the judgment of the arbitrator

(including entry of judgment on the arbitration award) may be brought and shall be subject to the

exclusive jurisdiction of the State and federal courts located in Phoenix, Arizona, and you waive

any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or DAD may

seek any interim or preliminary relief from a state or federal court of competent jurisdiction in

Phoenix, Arizona, as may be necessary to protect the rights or property of you or DAD pending

the completion of arbitration.

Indemnification

You agree to indemnify and hold DAD and its Affiliates harmless from and against any and all

loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees,

made by any third party due to or arising out of: (1) your use of any Site in breach or violation of

any term of this UA; (2) your violation of any law or regulation; (3) breach of your

representations and warranties as set forth herein; or (4) any content you provide to DAD.

Contact DAD

If you have any questions about the Sites or this UA, you may contact us via e-mail at

info@DeclutterAndDonate.org. We are always glad to hear your questions and comments.

Entire Agreement

This UA, including the terms specifically applicable to Donors and Clubs, and other policies and

notices DAD may post on the Sites necessary for access to Donor and Club portions of the Sites,

constitute the entire agreement between DAD and you in connection with your use of the Sites,

hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any

prior agreements between DAD and you regarding such matters, including prior versions of this

UA. DAD may update this UA from time to time by posting revised versions of this UA on the

Sites, without notice to you except that the effective date at the top of this UA will change and

your subsequent use of the Site is governed by that new UA. The terms of this UA are effective

until terminated by DAD, at any time without notice. In the event of termination, the disclaimers,

limitations of liabilities and indemnities set forth in this UA will survive.

This User Agreement was last updated on 11/05/2023.