1.  Your Acceptance

Welcome to the website operated by The First Days of School Foundation (“FDSF”).

By using or visiting this website, you signify your agreement to (1) the terms and conditions expressed on this webpage; (2) Our privacy policy found at Donor Privacy Policy; (3) All other terms referenced herein.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT VISIT THIS WEBSITE.

If you are using the Site on behalf of any entity, you represent that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and FDSF for violations of these Terms.

FDSF may, at its sole discretion, modify or revise these Site Terms and policies at any time, and you agree to be bound by such modifications.  Any modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such modifications.  Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.  Therefore, you should periodically review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

If you have a question regarding the use of the Site, please direct questions or comments about the Site or its contents to RosemaryandHarry@FDSFoundation.org.

2.  Policies

Please review our Privacy Policy for information on how FDSF collects, uses and discloses personally identifiable information from its users.

The First Days of School Foundation is a 501(c)(3) organization, contributions to which are tax deductible to the extent permitted by law.  To learn more about this, visit our Donating to The First Days of Schools Foundation policy document.

To learn more about how we protect your data and maintain the highest security, please read our Security Policy.

3.  General Use of the Site — Permissions and Restrictions

A.  The Site and all content and materials on the Site, including the FDSF logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are owned by or licensed to FDSF and are protected by copyright, trademark, and other intellectual property rights under the law.

B.  FDSF hereby grants you permission to access and use the Site Materials and electronically copy, and print to hard copy portions of the Site Materials for your informational, non-commercial, and personal use only.

C.  Such permission granted is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance, or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose.

D.  Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of FDSF, is strictly prohibited and will terminate the permission granted herein.  Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

4.  No Commercial Activity; Third-Party Products and Services

This Site is solely for furthering the nonprofit ministry purposes of The First Days of School Foundation.  No advertisements or promotions of a commercial nature for products or services are permitted on the Site and you agree not to post such content.

5.  Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, FDSF will terminate, in appropriate circumstances and at FDSF’s sole discretion, subscribers or account holders who are deemed to be repeat infringers.  FDSF may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6.  Copyright Complaints

If you believe that anything on the Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Rosemary Wong

Full Address of Designated Agent to Which Notification Should be Sent: The First Days of School Foundation, 943 North Shoreline Boulevard, Mountain View, CA 94043

Telephone Number of Designated Agent: +1 (650) 965-7896

Email Address of Designated Agent: RosemaryandHarry@FDSFoundation.org.

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.  You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

7.  Content Provided by The First Days of School Foundation

Photos, videos, stories, and other content provided by The First Days of School Foundation are owned by FDSF and protected by U.S. and international copyright laws.  Except as otherwise stated within the Website, you may not reproduce or use them without written permission from FDSF.

8.  Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray FDSF or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  You may not use a FDSF logo or other proprietary graphic of FDSF to link to this Site without the express written permission of FDSF.  Further, you may not use, frame or utilize framing techniques to enclose any FDSF trademark, logo, or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without FDSF’s express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of FDSF or any third party.

FDSF makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site.  FDSF provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by FDSF of any site or any information contained therein.  When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

9.  Submission of Suggestions and Ideas to The First Days of School Foundation by Users

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the site or the service (“Submissions”), provided by you to FDSF are non-confidential and shall become the sole property of FDSF.  FDSF shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, without acknowledgement or compensation to you.

10.  Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to FDSF, to keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to FDSF.

11.  Indemnification

You agree to defend, indemnify, and hold harmless FDSF, its independent contractors, service providers and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand, or claim made against FDSF and/or its independent contractors, service providers, employees, directors, or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms, or your violation of the rights of any third party.

12.  Disclaimer of Warranties

Except as expressly provided to the contrary in a writing by FDSF, the site, the site materials contained therein, and the services provided on or in connection therewith (the “services”) are provided on an “as is” basis without warranties of any kind, either express or implied.  FDSF disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the site and the services, including the information, content, and materials contained therein.  FDSF does not represent or warrant that materials in the site or the services are accurate, complete, reliable, current, or error-free.  FDSF does not represent or warrant that the site or its servers are free of viruses or other harmful components.

FDSF is not responsible for typographical errors or omissions relating to text or photography.  While FDSF attempts to make your access and use of the site and the services safe, FDSF cannot and does not represent or warrant that the site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.

FDSF reserves the right to change any and all content contained in the Site and to modify, suspend, or discontinue the Site or any Services offered through the Site or any features or functionality of the Site or the Services at any time without notice and without obligation or liability to you.  Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by FDSF.

13.  Limitation of Liability

In no event shall FDSF, its directors, members, employees, or agents be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the site, the services, the content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from FDSF, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to FDSF’s records, programs, or services.  In no event shall the aggregate liability of FDSF, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site or the services or to these site terms exceed any compensation you pay, if any, to FDSF for access to or use of the site.

14.  General Terms

Applicable Law and Venue.  These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely performed within the State of Washington, without resort to its conflict of law provisions.  You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.

Termination.  Notwithstanding any of these Site Terms, FDSF reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.

Severability.  If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

15.  Questions and Contact Information

Questions or comments about the Site may be directed to FDSF at the email address RosemaryandHarry@FDSFoundation.org or by calling +1 (650) 965-7896.

These Terms of Use are effective as of August 1, 2023.