Terms of service

OVERVIEW
This website is operated by Back 2 School America. Throughout the site, the terms “we”, “us” and “our” refer to Back 2 School America. Back 2 School America offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

ACCURACY OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. 

MODIFICATIONS TO KIT CONTENTS AND PRICES
Prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue items without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products. 

We have made every effort to display, as accurately as possible, the items that are contained inside of our kits. We reserve the right to make edits to the items included based on product availability, costing and based on student classroom needs.

TERMS OF PAYMENT

Terms of Payment: Our terms are “Due upon Receipt”. You can pay us with a check, ACH, or credit card. If you pay by card, we kindly request that you cover the 3% credit card fees. At times, grants may be applied for which can be discussed directly with our finance team. 

Payment must be received for bulk supplies to ship from our warehouse. For this reason, we suggest placing your order and processing payment 2-3 weeks prior to your event date.

ORDER MODIFICATIONS AND CANCELLATIONS 

We do not accept returns on items already shipped from our warehouse.

Any changes to timing, venue, pick up, and deliveries may incur additional charges if they are made within less than 14 days of the delivery date.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. 

We are not able to guarantee the delivery of any order if it is placed less than 2 weeks from a specific date.  

FUNDRAISING TOOLS AND ALLOCATIONS
We may provide you with access to third-party tools for fundraisers over which we neither monitor nor have any control nor input. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

All fundraising dollars are non-refundable and are allocated directly toward the purchase of supplies or contributed as donations to Back 2 School America. Fundraising minimums required for applying funds toward purchases are subject to change. If the minimum is not met, all funds raised will be directed as a donation to support our mission. 


EVENT LOGISTICS AND STAFF ATTENDANCE

Attendance by representatives from Back 2 School America can be arranged with advance notice. For events outside the Chicagoland area, travel related costs may apply and will be reflected in your invoice. Events within the Chicagoland area can be requested at no additional cost, subject to staff availability.

Back 2 School America may be able to coordinate access to venue space through our network of Community Partners when kits are being donated directly to that partner. While we will make every effort to secure a no-cost venue, we cannot guarantee availability. If a venue must be rented, associated fees will be included in your final invoice.

If Back 2 School America works to provide catering, staffing, table and chair rental,  trash and/or recycling removal services or any other cost associated with your event on your behalf, these charges will be included in the final invoice for your event. 

Shared logos or photographs will be organized directly with the event planning points of contact to ensure approval of content and to ensure that photography waivers are consented to if applicable.

CODE OF CONDUCT 

These policies and procedures apply to all volunteers of Back 2 School America unless  otherwise stated. Volunteers with Back 2 School America are not considered employees.  

The Volunteer Code of Conduct and B2SA Child Interaction Policy documents can be found via the two links provided here. By accepting this agreement, you verify that you have opened and reviewed The Volunteer Code of Conduct and The B2SA Child Interaction Policy and agree to the terms outlined in each document. 

Volunteer Code of Conduct

B2SA Child Interaction Policy

SUPPLY AND DELIVERY ERRORS
While we take great care in packing kits, human error or delivery issues may occasionally occur. We strive for a 90% accuracy rate in all packed kits. In the case of a minor overage or shortage of specific items, we kindly ask that you proceed with assembling your kits, adjusting as needed by adding or omitting the affected supply.

If you discover a discrepancy involving 10 or more units of any single item, please notify your Back 2 School America representative via email. We will address the issue by coordinating the delivery of missing items to the designated community partner receiving the donated kits and will work with our warehouse team to improve accuracy.

Please note that we do not issue refunds for missing supplies. If you find you have extra supplies, we encourage you to include them with your completed kits as part of your donation.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Back 2 School America, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Back 2 School America and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@b2sa.org.