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Copyright 2008 Give a Kid a Backpack. All Rights Reserved

Terms of Service and Privacy Policy

Our commitment to privacy: Give a Kid a Backpack Foundation knows that protecting the privacy and confidentiality of your personal information is important to our friends and supporters. Collection, use and disclosure of personal information by Give a Kid a Backpack Foundation and its affiliates are governed by the Personal Information Protection and Terms of Service , and any applicable provincial legislation. The Terms of Service explains what personal information is collected from its customers and how it is used. It also explains how you can ask questions, make suggestions, and address concerns about our privacy practices. This Privacy Code applies to personal information (see below) collected by Give a Kid a Backpack Foundation, including its websites. Be aware that our websites may contain links to other websites provided and maintained exclusively by third parties not subject to this Privacy Code. Please review the privacy policies on any external websites to determine their information handling practices.

What is personal information? Personal information is any information about an identifiable individual. Personal information does not include the name, title, business address or telephone number of an employee of an organization, as can be found listed on a business or organization web page. Information used solely for journalistic purposes is exempted from the Act.

Children: If you are under 18, please obtain your parent or guardian’s permission before you send any personal information to Give a Kid a Backpack Foundation, or anyone else, over the Internet. We sincerely encourage parent or guardian participation and understanding of their children’s online usage and to be aware of the activities in which they are participating.

By using the Give a Kid a Backpack Foundation site, you are agreeing with the following terms and privacy policy. In other words:

 To make sure that the Give a Kid a Backpack Foundation Online Community and the content and services it provides to you are of the highest possible quality, we have developed this Terms of Service and Privacy Policy. We welcome your feedback and ideas on how to improve these terms. Please contact us with any and all suggestions.

Terms of Service

1. Acceptance of Terms
 Welcome to Give a Kid a Backpack Foundation, where the nonprofit organization is help children in need by supplying them with the school supplies to get an education. In addition, when using particular Give a Kid a Backpack Foundation services, you and Give a Kid a Backpack Foundation shall be subject to any posted guidelines or rules applicable to such services that may be posted at our sole discretion.

2. Description of Service
Give a Kid a Backpack Foundation currently provides users with access to countless resources, including various communications tools, curriculum-based information, collections of expressions, forums, and content through its web site (the "Service").
 
3. Your obligations as a visitor
 In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration forms (such information being part of the sign up for newsletter or volunteer ).  If you provide any information that is untrue, inaccurate, not current or incomplete, or Give a Kid a Backpack Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Give a Kid a Backpack Foundation has the right to remove your information from our database and refuse any and all current or future use of the Service (or any portion thereof).

We collect personal contact information (for example, name, address, e-mail address and telephone numbers) if you: sign up for a newsletter; register on an online forum or website; or purchase any product from Give a Kid a Backpack Foundation. This information is used to fulfill your request and to respond to your inquiries.

4. Visitor Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Give a Kid a Backpack Foundation, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. Give a Kid a Backpack Foundation has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Give a Kid a Backpack Foundation be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:
1. Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm other visitors in any way;
3. Impersonate any person or entity, including, but not limited to, a Give a Kid a Backpack Foundation staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. Intentionally or unintentionally violate any applicable local, state, national or international law;
11. "Stalk" or otherwise harass another; or
12. Collect or store personal data about other users.
 
You acknowledge that Give a Kid a Backpack Foundation may not pre-screen Content, but that Give a Kid a Backpack Foundation and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Give a Kid a Backpack Foundation and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Give a Kid a Backpack Foundation or submitted to Give a Kid a Backpack Foundation.

You acknowledge and agree that Give a Kid a Backpack Foundation may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Give a Kid a Backpack Foundation, our visitors and the public.

6. International Use
 Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. Materials submitted or made available for inclusion on the service
Give a Kid a Backpack Foundation does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Give a Kid a Backpack Foundation the following worldwide, royalty free and non-exclusive license, as applicable:

· With respect to Content (including written materials, pho, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
 
8. Exemption from Penalties
You agree to exempt from penalties and hold Give a Kid a Backpack Foundation, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.

9. Other Web Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Give a Kid a Backpack Foundation has no control over such sites and resources, you acknowledge and agree that Give a Kid a Backpack Foundation is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Give a Kid a Backpack Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. General Information
 These Terms of Service constitute the entire agreement between you and Give a Kid a Backpack Foundation, and govern your use of the Service, despite any prior agreements between you and Give a Kid a Backpack Foundation. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
 
11. Modifications to Service
Give a Kid a Backpack Foundation reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Give a Kid a Backpack Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Termination
You agree that Give a Kid a Backpack Foundation, in its sole discretion, may remove your information from our database system or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Give a Kid a Backpack Foundation believes that you have violated or acted inconsistently. Give a Kid a Backpack Foundation may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access without prior notice, and acknowledge and agree that Give a Kid a Backpack Foundation may immediately deactivate or delete your information from our database system and/or bar any further access to the Service. Further, you agree that Give a Kid a Backpack Foundation shall not be liable to you or any third-party for any termination of your access to the Service.

13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIVE A KID A BACKPACK FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. GIVE A KID A BACKPACK FOUNDATION MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GIVE A KID A BACKPACK FOUNDATION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE .

14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIVE A KID A BACKPACK FOUNDATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GIVE A KID A BACKPACK FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
 
Privacy Policy
1. What does this privacy policy cover?
 This Privacy Policy covers Give a Kid a Backpack Foundation's treatment of personally identifiable information that we collect when you are on the Give a Kid a Backpack Foundation site, on a site powered by our technology, or when you use Give a Kid a Backpack Foundation's services.

2. Information Collection and Use
Give a Kid a Backpack Foundation collects personally identifiable information when you register as a Give a Kid a Backpack Foundation visitor interested in receiving further information about our projects and services.
When you register with Give a Kid a Backpack Foundation, we ask for your name, e-mail address, city, province/state, and country, as well as other optional information. Once you register with Give a Kid a Backpack Foundation and submit your information to our services, you are not anonymous to us.
Give a Kid a Backpack Foundation also automatically receives and records information on our server logs from your browser including your IP address, Give a Kid a Backpack Foundation cookie information and the page you requested.
Give a Kid a Backpack Foundation uses information for three general purposes: to customize the information/content you see, to fulfill your requests for certain services, and to contact you when you request it.

3. Information Sharing and Disclosure
Give a Kid a Backpack Foundation will not sell or rent your personally identifiable information to anyone.
Give a Kid a Backpack Foundation may send personally identifiable information about you to other companies or people when:
· We have your consent to share the information;
· We need to share your information to provide the product or service you have requested;
· We respond to subpoenas, court orders or legal process; or
· We find that your actions on our web sites violate the Terms of Service or any of our usage guidelines for specific services.
 
4. Cookies
Give a Kid a Backpack Foundation may set and access Give a Kid a Backpack Foundation cookies on your computer, used to identify your visitor progress and to allow for the proper functioning of the Give a Kid a Backpack Foundation web site and accompanying services.

5. Editing your Information and Preferences
As a visitor, Give a Kid a Backpack Foundation gives you the ability to decided whether or not you want Give a Kid a Backpack Foundation to send you correspondence.

6. Changes to this Privacy Policy
Give a Kid a Backpack Foundation may amend this policy at will. If we make any substantial changes in the way we use your personal information we will notify you by posting an announcement.

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