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
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.