Terms
Read for My School (“RFMS”) is a SaaS (“Service”) Do-it-Yourself reading and fundraising solution that empowers customers to create, manage, and market digital reading and fundraising challenges ("Challenges").
Pledgetree, LLC (“Pledgetree”) is a for-profit organization registered under the laws of the State of Washington in the United States whose registered office is at P.O. Box 0451, Redmond, WA. 98073.
These Terms of Use are designed to help the customer (“Subscriber”) understand Pledgetree’s expectations of you as a Subscriber on the RFMS Service. Pledgetree wants the Subscriber to make informed decisions when participating in and using the RFMS Service, website, and any features on it.
Terms of Use
**RESTRICTIONS ON USE OF WEBSITE** The RFMS website (“Site”) is owned and operated by the Pledgetree. By accessing or using this Site, you agree to be bound by and comply with these Terms of Use. If you do not agree with these Terms of Use, please do not use this Site. Pledgetree reserves the right, at its own discretion, to update and modify these Terms of Use at any time and by using this Site you agree to be bound by and comply with these modifications.
**SERVICES** Pledgetree provides software services (“Services”) available on this Site. You are responsible for providing, at your own expense, all equipment necessary to use the Services on the Site, including computers, mobile devices, and Internet access (including payment of all fees associated with such access). By using the Site, you are responsible for any Service fees and/or credit card payment processing Service fees as detailed on the pricing page. All donation tips associated with Services collected through the Site are non-refundable.
We reserve the sole right to either modify or discontinue Services on the Site at any time with or without notice to you. Any new Services that augment or enhance the then-current Services on this Site shall also be subject to these Terms of Use.
**PAYMENT PROCESSING** Payment processing Services for Subscriber on Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). Pledgetree is not a chartered banking entity nor retained by Subscriber to assist in enabling payment processing through Stripe on the Site. By agreeing to the Terms of Use or continuing to operate as a Subscriber on Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Site enabling payment processing services through Stripe, you agree to provide Site accurate and complete information about you and your business, resolve any payment disputes associated with your Stripe Connected Account through Site and you authorize Site to share it and transaction information related to your use of the payment processing services provided by Stripe. Any outstanding payment disputes through the Site that are not resolved by Subscriber, Pledgetree will invoice Subscriber for outstanding payment dispute plus a $15 service fee for each disputed payment transaction.
**USE OF MATERIALS** Unless otherwise indicated, all content appearing on this Site is the property of Pledgetree, their respective parent(s), subsidiaries and/or affiliates available herein, and is protected, without limitation, by US, UK, EU, Canada, Australia and other copyright and trademark laws. The information and materials, including text, images, audio, video, computer source code and software, appearing on this Site are presented for your participation in Challenge only. Copying these materials for anything other than your participation in Challenge is a violation of copyright and trademark laws. You may not reproduce, duplicate, distribute or modify in any way any materials available on this Site without written permission from Pledgetree, and misuse of names, content, or of any of the information appearing on this Site may violate copyright and trademark law. If you access this material outside the US or UK, you are responsible for compliance with local laws.
**LIMITATION OF LIABILITY** PLEDGETREE AND ITS SERVICE PROVIDERS ASSISTING WITH THE SITE, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, SERVICE PROVIDERS AND AFFILIATES (INDIVIDUALLY AND COLLECTIVELY “PLEDGETREE AND AFFILIATES”): (1) WILL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCE, FOR YOUR USE OF THE SITE, SITE SERVICES, SITE CODE, AND/OR SITE CONTENT, WHETHER ACCESSED VIA COMPUTER, SMART PHONE, TABLET, OR OTHER DEVICE AND MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE INFORMATION AND MATERIALS APPEARING ON THIS SITE, WHICH IS PROVIDED "AS IS;" (2) TO THE FULL EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (3) DO NOT MAKE ANY REPRESENTATIONS THAT THIS SITE, SITE SERVICES OR ITS CONTENTS WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PLEDGETREE AND AFFILIATES BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, SITE SERVICES, SITE CODE, AND/OR SITE CONTENT, OR FOR ANY MATERIALS CONTAINED HEREIN, WHETHER ACCESSED VIA COMPUTER, SMART PHONE, TABLET, OR OTHER DEVICE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SITE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE PLEDGETREE AND AFFILIIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. 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.
**USER CONDUCT** Pledgetree and Affiliates are not responsible for Subscriber content posted on the Site or shared to solicit Subscriber activities through the Site, including materials posted on the Subscriber’s Challenge event, team, or personal settings page, donation page, bulletin boards, forums, blogs, cloud instant messages, social sharing networks Facebook, Facebook Messenger, Twitter, SMS, or other public areas ("Public Areas"). You acknowledge that Pledgetree may or may not pre-screen these content materials, and is not responsible for any solicitation of these content materials to any user accessing the Site. Pledgetree or its designees have the right, in their sole discretion, to pre-screen, refuse, or remove any content that violates these Terms of Use or is otherwise objectionable.
Subscriber agrees not to do any of the following actions while using the RFMS Service and Site:
- Harass, threaten, embarrass or cause distress or discomfort upon another Subscriber participant, user, or other individual or entity;
- Retain Pledgetree to council, market or solicit Subscriber's Challenge associated with reading or fundraising activities on Site;
- Upload, Transmit, distribute or otherwise publish through this Site or in connection with any RFMS Service, any information that Pledgetree, in its sole discretion determines to be any content that: a) libels, defames, is obscene, pornographic, abusive or threatening; b) infringes any intellectual property right or any other rights of any entity or person, including but not limited to violating anyone's copyrights or trademarks;
- Distribute viruses or any other technologies that may harm the RFMS Service, the Site, or the interests or property of our Subscribers, Pledgetree and Affiliates;
- Harvest or otherwise collect information about Subscribers, including email addresses, about Subscribers or third parties whose information is made available on the Site, without their consent;
- Use any robot, spider, scraper or other automated means to access the RFMS Service or the Site for any purpose without Plegetree’s express written permission, including but not limited to advertise or otherwise solicits funds or is a solicitation for goods or services;
- Impersonate in any RFMS Service, any Subscriber, including but not limited to, a Pledgetree official or representative;
- Represent that funds obtained are used solely for the purposes described in the content that Subscriber uploads, transmit, distribute, or otherwise publish through the Service and Site;
- Represent that if Subscriber is not a qualified 501c3 organization as defined by the Internal Revenue Service that donations made to your organization through RFMS Services on the Site are not tax deductible;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any RFMS Service on Site;
- Intentionally or unintentionally violate these Terms of Use and Privacy Policy.
**LICENSE FOR SUBMITTED CONTENT** Subscriber agrees that by posting content, sending emails, sharing content though social networks, inputting data, answering questions, uploading data or files or otherwise communicating with the RFMS Service or Site, you are granting to Pledgetree a non-exclusive, worldwide, royalty-free, unrestricted license to use, display, adapt, modify and reproduce these materials as Pledgetree sees fit and you shall have no claims against Pledgetree for using these materials. You represent and warrant that you have all the necessary rights in and to any material you submit and the material does not infringe or violate the rights of any third-party. All materials supplied are subject to the Privacy Policy available on this Site. Subscriber agrees that Pledgetree will not be retained by in any form to create Subscriber content or be actively involved in the solicitation of or council to content activities made on behalf of Subscriber on the Site.
**INDEMNITY** Subscriber agrees to defend, indemnify, and hold Pledgetree and Affiliates and the agencies of any of them harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or arising out of your use of this Site, including but not limited to the placement or transmission of any message or information on this Site by you.
**LINKS TO THIRD PARTY WEBSITES** This Site may contain links to 3rd party websites that are not owned and operated by Pledgetree. Pledgetree is not responsible, nor shall it be held liable for, the content, services or products provided on these 3rd party websites, nor for the practices of any third party. These Terms of Use apply solely to Pledgetree's RFMS Site and you should always review the terms and conditions of any website that you access through a link from this or any other Pledgetree website.
**UNSOLICITED MANUSCRIPTS** Pledgetree does not accept the submission of unsolicited manuscripts via this Site and does not accept responsibility for any such submissions.
**GOVERNED BY UNITED STATES AND WASHINGTON LAW; JURISDICTION** This Site is operated in the United States and is designed for and targeted for use in the United States, United Kingdom, European Union, Canada, and Australia. It is governed by and operated in accordance with the laws of the United States or the State of Washington as applicable, without giving effect to their principles of conflicts of law. By using this Site and/or providing us with your personal information, as far as legally possible, you waive any claims that may arise under the laws of other countries or territories located outside of the United States or states other than Washington, and you agree to submit to the exclusive jurisdiction of the courts of the State of Washington and the federal courts of King County, located in Seattle, WA.
**COPYRIGHT INFRINGEMENT** Pledgetree prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this Site in a manner that would constitute copyright infringement, please send all relevant details in writing to our designated Copyright Agent.
By mail:
PLEDGETREE LLC
Attn: Legal/Privacy Compliance
P.O. BOX 0451
Redmond, WA. 98073
Upon receipt of such notification, Pledgetree will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement.
**ENFORCEMENT** If any provision of this Terms of Use is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.
**TERMINATION** In appropriate cases, Pledgetree will terminate subscriptions or accounts of repeat copyright infringers. If you believe that a user of this Site is a repeat infringer, please contact Pledgetree's Copyright Agent as described above and provide enough information for us to verify the individual is a repeat infringer.
