Treedom Tools Inc.

Terms of Service

Last Updated: August 16, 2019

Treedom Tools’ mission is to leverage technology to remove the frictions around volunteering and maximize its collective impact.

This Terms of Service governs your use of our Treedom Tools website and the Treedom Tools Application (collectively “the Treedom Tools Service”, “the Service” or “Treedom Tools”). By creating an account on Treedom Tools, you agree to be bound by our Terms of Service (our “Terms”). These Terms include a Binding Arbitration clause. You can opt-out if you so choose. The Treedom software suite is available to schools at no cost and will remain so.

TREEDOM TOOLS AND YOUR PRIVACY

To protect the privacy of students and others, we operate according to the highest standards of student privacy protection:

To learn more about how Treedom Tools collects, stores, uses, shares, and protects your personal information, please review our full Privacy Policy.

TREEDOM TOOLS AND PARENTAL CONSENT

Treedom Tools is not designed for use by students ages 13 and under. If you believe a child aged 13 or under is using our service, please contact us at [email protected], as parental consent is required. Parental consent can be obtained by teachers, counselors and schools in several ways:

TREEDOM TOOLS AND FERPA

Data collected by Treedom Tools may include personally identifiable information from education records that are subject to the Family Educational Rights and Privacy Act, “FERPA”. As part of our compliance with FERPA, you designate Treedom Tools as a "School Official" and to the extent that Student Data includes personally identifiable information it remains under the direct control of the school.

CREATING A TEACHER ACCOUNT

Only teachers, counselors, or school administrators can create School Profiles on Treedom Tools. Once School Profiles are created, teachers or counselors can authorize student participants, additional faculty with appropriate permissions to upload events, view, and comment.

You should consult with your school or school district to ensure that you obtain proper consent to use Treedom Tools in the classroom consistent with their policies.

When you create a Treedom Tools profile, you agree that:

PARENTS OR FAMILY MEMBER VIEWING

Teachers, counselors and students can authorize parents and family members to view information on their child’s performance via a Treedom generated community service transcript. When reviewing student performance, you agree that you are the legal guardian of the student or have permission from the legal guardian of the student to access the student transcript.

When accessing a student profile via the students or counselor’s portal you agree that you are the legal guardian of the student or have permission from the legal guardian of the students to view the student profile. Other partners and adults may be able to access your child’s work if your child is tagged in a profile, Event or Group entry with their child, such as when your child collaborates with other students on a group project, and visa versa.

CREATING A STUDENT ACCOUNT

Students may use Treedom Tools only if their parent or legal guardian has given permission to their teacher, counselor, or school via their school-wide technology consent process, where the teacher or counselor has agreed to act as the parent’s agent and provided consent on their behalf to use Treedom Tools solely in the educational context as provided by the FTC, or where the school has designated the data elements to be considered directory information.

You agree to use Treedom Tools only if you have been given a Join Code or otherwise have been invited to use Treedom Tools by your teacher or counselor.

Treedom Tools is an extension of the classroom. You agree to use Treedom Tools in a manner that is appropriate to the classroom. You may not violate the policies of your school or school district in your use of Treedom Tools.

EVENTS AND PROFILES

Events and profiles that teachers or counselors create are private to their account by default. Teachers or counselors may choose to publish Events.

By submitting your events and activity to your school profile you understand that:

YOUR INTELLECTUAL PROPERTY

We don’t own the content you provide – students and their schools own all Student Data added to Treedom Tools.

However, in order to provide our Services, we need certain limited rights to your content. For example, when you upload your content, we need the rights to store it and serve it back to you. Therefore, you grant Treedom Tools the right to use, publish, transmit, display, copy, process, adapt, modify, and distribute your content only how you specify and only within the context of the Treedom Tools service.

Treedom Tools reserves the right, but has no obligation, to delete content posted on our Services if we receive a valid takedown notice or if your content violates any of our Prohibited Activities.

TREEDOM TOOLS’S INTELLECTUAL PROPERTY

Treedom Tools is protected by copyright, trademark, and other intellectual property laws. Treedom Tools Inc. and its licensors grant you a limited, non-exclusive, non-transferable license to view, copy, and display Treedom Tools solely in connection with your permitted use of Treedom Tools. Any rights not expressly granted here are reserved.

Unauthorized use of Treedom Tools’s logos, trademarks, copyrights, domain names, or other distinctive brand features is prohibited.

COPYRIGHT POLICY

It is Treedom Tools policy to, at its discretion, terminate the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others.

PROHIBITED ACTIVITIES

All users agree that they will refrain from the following prohibited activities when using Treedom Tools.

ACCOUNT SUSPENSION AND TERMINATION

Treedom Tools reserves the right to suspend or terminate accounts associated with users who engage in any of the prohibited activities described above or in any manner that otherwise violates our Terms or other policies. In addition, Treedom Tools reserves the right to terminate any account at any time for any reason without notice to you.

ABANDONED ACCOUNTS

Treedom Tools reserves the right to terminate accounts that have not been accessed by the teacher or school associated with the account for a period of more than one year. Prior to terminating an abandoned account, Treedom Tools will notify the teacher or school associated with the account by email and provide an opportunity to download an archive copy of the class journal.

SECURITY

Treedom Tools takes protecting your security and privacy seriously. We use various methods to protect the integrity of your information, including the use of highly secure, access-controlled data centers, routine 3rd party security audits, data encryption in transit and encryption of profile, Events and Groups at rest.

In the event of a security breach, we will notify affected account holders within the amount of time required by law so that you can take steps to keep your data safe.

CHANGES TO OUR TERMS

Treedom Tools may modify our Terms from time to time. Treedom Tools will notify you of any changes to our terms that materially alter your rights or responsibilities by email and by posting a notice to our site and software suite. If you as a teacher, parent, or school administrator continue to use Treedom Tools after you receive such a notice, you agree to be bound by any changes to our Terms.

WARRANTIES AND DISCLAIMERS

YOUR USE OF TREEDOM TOOLS IS AT YOUR SOLE RISK. TREEDOM TOOLS AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH TREEDOM TOOLS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TREEDOM TOOLS, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TREEDOM TOOLS AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TREEDOM TOOLS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE TREEDOM TOOLS SERVICE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE TREEDOM TOOLS SERVICE WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

INDEMNITY

You agree to indemnify and hold harmless Treedom Tools from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to: (a) your use or misuse of Treedom Tools; (b) any violation of the rights of any other person or entity by you, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (c) your breach of any part of our Terms. Treedom Tools will give you written notice of any such matter; however, any failure or delay by Treedom Tools to do so does not negate your defense or indemnification obligations or waive Treedom Tools’s rights to seek payment or defense or indemnification from you. Treedom Tools reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with Treedom Tools in our defense of these claims. You will not settle any claim that affects Treedom Tools or our affiliates without our prior written approval.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Treedom Tools will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages, even if Treedom Tools has been advised of the possibility of damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill or other intangible losses relating to or resulting from: (a) your access to, use of, or inability to use Treedom Tools; (b) any conduct or content of any user or third party on our services; (c) unauthorized access, use, or alterations of your transmissions or content; (d) any information posted on Treedom Tools; or (e) Treedom Tools’s decision to publish or remove any information on our service.

In no event shall Treedom Tools’s total liability to you for all damages, losses, or causes of action arising out of or relating to our Terms exceed: (1) the amounts you paid to access Treedom Tools during the twelve (12) months immediately preceding the date of your claim, or (2) one thousand U.S. dollars, whichever is greater.

The limitations of liability set forth in this section will survive any termination or expiration of our Terms, and will apply even if any limited remedy specified in our Terms is found to have failed of its essential purpose.

LAW GOVERNING LEGAL DISPUTES

The laws of the State of California govern this agreement, as well as any dispute, claim, or controversy that may arise between you and Treedom Tools, without conflicts of law provisions.

INFORMAL DISPUTE RESOLUTION

We want to address your concerns without needing a formal legal case. Before filing a claim against Treedom Tools, you agree to try to resolve the Dispute informally by contacting [email protected]. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or Treedom Tools may bring a formal proceeding.

WE BOTH GREE TO ARBITRATE

You and Treedom Tools agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

OPT-OUT OF AGREEMENT TO ARBITRATE

You can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Treedom Tools will pay all arbitration fees for claims less than $75,000. Treedom Tools will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or we may assert claims, if they qualify, in small claims court in Los Angeles (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Treedom Tools products or Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

NO CLASS ACTIONS

You may only resolve Disputes with Treedom Tools on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

FEEDBACK

We welcome your feedback. Please email us at [email protected] at any time.

ENTIRE AGREEMENT

These Terms (and any other policies we refer to in this document) make up the entire agreement between you and Treedom Tools Inc., and supersede any prior agreement. If any part of these Terms are found to be unenforceable by a court or arbitrator, the remaining parts will remain in full force and effect. If Treedom Tools fails to enforce any part of these Terms, such a failure does not constitute a waiver.

CONTACT INFORMATION

Please contact us at: [email protected]

Treedom Tools Inc.

345 N Maple Drive, #135

Beverly Hills, CA 90210